BARKDULL, Judge.
In this appeal, the appellant-defendant seeks review of a final decree of specific performance and urges many points for consideration.
The primary question to be determined by this appeal is: Did the appellant waive the provisions of § 90.05 Fla. Stat., F.S.A. [commonly known as the "dead man's statute"] by using the depositions of the appellee in support of a motion for summary decree, not only for the purposes of the summary decree...
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