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LEE v. ELLIOTT

No. 62-579.

155 So.2d 169 (1963)

Charles Gordon LEE, Appellant, v. John H. ELLIOTT and Clementine Elliott, his wife, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied July 16, 1963.

Attorney(s) appearing for the Case

Papy & Carruthers and Lee E. Weissenborn, Miami, for appellant.

Marvin I. Wiener and Hill & Ross, Miami, for appellees.

Before BARKDULL, C.J., and CARROLL and PEARSON, JJ.

CARROLL, Judge.

The appellant, who was the defendant below, appeals from an order granting a new trial in an automobile accident case, following a jury trial which resulted in a verdict for the defendant.

One of the two plaintiffs filed a motion for new trial, which the court denied. Thirty-eight days later that plaintiff moved for rehearing of the order denying his motion for new trial. The trial court granted the...

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