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FRANK v. PIONEER METALS, INC.

No. 59-349.

114 So.2d 329 (1959)

Anne FRANK, Appellant, v. PIONEER METALS, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

September 10, 1959.

Attorney(s) appearing for the Case

Frank & Weston, Miami Beach, for appellant.

George Cheren, Miami, for appellee.

PER CURIAM.

The appellee has moved to dismiss this appeal on the ground that at the time the notice of appeal was filed there was pending in the court below a petition for rehearing, and therefore, under the provisions of Rule 1.3, Florida Appellate Rules, 31 F.S.A., the decree could not be considered as rendered. Rule 1.3, supra, in part provides:

"Where there has been a timely and proper motion or petition for a new trial, rehearing or reconsideration by...

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