STATE EX REL. DIAMOND BERK INS. AGENCY, INC. v. CARROLL


102 So.2d 129 (1958)

STATE of Florida, ex rel. DIAMOND BERK INSURANCE AGENCY, Inc., Relator, v. Honorable Charles A. CARROLL, as Chief Judge, Honorable Mallory Horton and Honorable Tillman Pearson, as Judges of the District Court of Appeal, Third District, State of Florida, Respondents.

Supreme Court of Florida.

April 18, 1958.


Attorney(s) appearing for the Case

French & Skolnick, Miami, for relator.

Aronovitz, Aronovitz & Haverfield, Miami, for respondents.


THORNAL, Justice.

By an original proceeding here the relator Diamond Berk Insurance Agency, Inc, seeks a rule absolute to prohibit the respondents, as Judges of the District Court of Appeal, Third District, from taking jurisdiction of an appeal to that court in which the relator is the appellee and Sam A. Goldstein, et al., are the appellants.

Our conclusion turns on the question as to whether the original filing of a notice of appeal in the appellate court...

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