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FLORIDA EAST COAST RAILWAY CO. v. SMITH

No. 4065.

166 So.2d 233 (1964)

FLORIDA EAST COAST RAILWAY CO., a Florida corporation, Appellant, v. Elsie SMITH, Appellee.

District Court of Appeal of Florida. Second District.

July 1, 1964.

Attorney(s) appearing for the Case

Bolles & Prunty, Miami, for appellant.

Rupert Jasen Smith, Fort Pierce, for appellee.

PER CURIAM.

An appeal was brought by the defendant which involved a voluntary nonsuit. We dismissed the appeal as the order was nonappealable by the defendant.

On petition for rehearing the appellant requested that we treat the appeal as a petition for writ of certiorari, pursuant to Florida Statutes 59.45, F.S.A., and we granted a rehearing.

On rehearing and treating the appeal as a petition for writ of certiorari, we deny certiorari.

SMITH...

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