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NAUTILUS OPERATING CO. v. DONALD S. LAVIGNE, INC.

No. 58-528.

109 So.2d 775 (1959)

NAUTILUS OPERATING COMPANY, a Florida corporation, Appellant, v. DONALD S. LAVIGNE, INC., Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 6, 1959.

Attorney(s) appearing for the Case

Burnett Roth and Theodore M. Trushin, Miami Beach, for appellant.

Norman Somberg, Miami, for appellee.

PER CURIAM.

Affirmed.

HORTON, Acting Chief Judge, and PEARSON, J., concur.

DREW, E. HARRIS, Associate Judge, concurs specially.

DREW, E. HARRIS, Associate Judge, (concurring specially).

For more than one hundred years the statutes of this state have authorized the appellate courts to assess damages against appellant, not exceeding ten per cent, where an appeal has been taken against good faith or merely for delay.1...

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