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OGIER v. JOHN H. SWISHER & SONS, INC.

No. D-23.

133 So.2d 575 (1961)

Mattie J. OGIER, Appellant, v. JOHN H. SWISHER & SONS, INC., a corporation, Appellee.

District Court of Appeal of Florida. First District.

October 24, 1961.

Attorney(s) appearing for the Case

Will O. Murrell, Jacksonville, for appellant.

Mathews, Osborne & Ehrlich, Jacksonville, for appellee.

PER CURIAM.

This appeal is from a summary final judgment in favor of appellee in which the costs incurred by the latter were specifically taxed against appellant. Appellant did not assign the taxation of costs as error. Promptly after the filing of appellant's assignments of error appellee moved to dismiss the appeal for failure to pay the costs taxed in the trial court as required by the rule.1

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