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LEVIN v. BROOKS

No. 63-360.

159 So.2d 914 (1964)

Roslyne LEVIN, as Administratrix Cum Testamento Annexo of the Estate of Alex Van Straaton, Deceased, Appellant, v. Jerry BROOKS, a/k/a Jerome Brooks, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 12, 1964.

Attorney(s) appearing for the Case

Klein, Moore & Kline and Morton P. Brown, Miami Beach, for appellant.

Carr & Warren, Miami, for appellee.

Before BARKDULL, C.J., and TILLMAN PEARSON and HENDRY, JJ.

PER CURIAM.

This is an appeal by the plaintiff from a summary final judgment in favor of the defendant based upon the trial judge's holding that the plaintiff failed to commence this action within one year from the date of this court's reversal of a prior judgment for the plaintiff.

Section 95.06 Fla. Stat., F.S.A., provides:

"If an action shall be commenced within the time prescribed therefor, and a judgment therein for the plaintiff be reversed...

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