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SIMMONS v. GAINESVILLE NEHI BOTTLING COMPANY

No. B-308.

119 So.2d 719 (1960)

Jack H. SIMMONS, Appellant, v. GAINESVILLE NEHI BOTTLING COMPANY, a Florida Corporation, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied May 9, 1960.

Attorney(s) appearing for the Case

Philip Barton and Richard J. Wilson, Gainesville, for appellant.

Gray, Chandler, O'Neal & Carlisle, Gainesville, for appellee.

PER CURIAM.

We are confronted with appellee's motion to dismiss this appeal because of the failure of appellant, the original plaintiff below, to comply with Florida Appellate Rule 3.2(f), 31 F.S.A., and Section 59.09, Florida Statutes, F.S.A. The rule, which has superseded the statute, provides:

"(f) Payment of Costs by Original Plaintiff. No appeal may be taken by the original plaintiff in any suit or proceeding until he shall have first paid all costs...

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