SCOTT-WHITAKER COMPANY v. JOYCE PROPERTIES, INC.

No. 63-250.

155 So.2d 661 (1963)

SCOTT-WHITAKER COMPANY, Inc., Sonny G. Marden, et al., Appellants, v. JOYCE PROPERTIES, INC., and Lillian Fischer, Appellees.

District Court of Appeal of Florida. Third District.

August 13, 1963.


Attorney(s) appearing for the Case

Goldman, Goldstein & Paczier, Miami, for appellants.

Cunningham & Weinstein, Miami, for appellees.

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


PER CURIAM.

This matter is before us on a motion by the appellee to dismiss the appeal. Appellees contend the appeal is subject to dismissal because it was filed while a timely petition for rehearing was pending.

A summary final decree adverse to the appellants was rendered April 10, 1963. Two days later, on April 12, appellants filed a petition for rehearing. Three days thereafter, on April 15, appellants filed this appeal.1<...

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