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THOMAN v. ASHLEY

No. 4548.

170 So.2d 332 (1964)

Stanley B. THOMAN and Norman Jackson, individually, and as Partners d/b/a Thoman-Jackson Construction, a/k/a Jackson-Thoman Construction, Petitioners, v. Timmothy ASHLEY a/k/a Timmothy Sindell, a minor, by his mother and next friend, Ethel Ashley Sindell, and Ethel Ashley Sindell, individually, Respondents.

District Court of Appeal of Florida. Second District.

Rehearing Denied January 14, 1965.

Attorney(s) appearing for the Case

Fleming, O'Bryan & Fleming, Fort Lauderdale, for petitioners.

Frates, Fay & Floyd, Miami, for respondents.

SMITH, Chief Judge.

By this petition for certiorari the petitioners endeavor to present for the Court's determination the interesting and important question of whether nonsuits are still in existence in view of the 1962 amendment to Rule 1.35(b), Florida Rules of Civil Procedure, 30 F.S.A. However, we are unable to reach the nonsuit question because the record on its face shows the striking by the Court of the defense of res judicata, the order here sought to be reviewed...

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