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STATE EX REL. HUNTLEY BROTHERS, INC. v. GOODING

No. E-7.

149 So.2d 55 (1963)

STATE of Florida ex rel. HUNTLEY BROS., INC., a Florida Corporation, L.L. Huntley and W.T. Huntley, Relator, v. Honorable Marion W. GOODING, one of the Judges of the Circuit Court, Fourth Judicial Circuit, of the State of Florida in and for Clay County, and W.H. Huntley, Respondents.

District Court of Appeal of Florida. First District.

Rehearing Denied February 18, 1963.

Attorney(s) appearing for the Case

Joe C. Miller, II, of Dowda & Millican, Palatka, for relator.

A.M. Crabtree, Jr., Jacksonville, and Thomas E. Gilman, of Horne & Rhodes, Tallahassee, for respondent.

RAWLS, Judge.

This is an original proceeding in prohibition filed by relator Huntley Brothers, defendants in the lower court.

The chancellor, respondent Honorable Marion W. Gooding, Circuit Judge, entered a summary final decree in favor of Huntley Brothers which was recorded on October 5, 1961.1

On November 10, 1961, 36 days thereafter, plaintiff filed a petition to vacate and set aside the final decree in the lower court...

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