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SMOAK v. GRAHAM

No. 33236.

167 So.2d 559 (1964)

D. Frank SMOAK, Jr., as Administrator c.t.a. of the Estate of Frank B. Hamlin, Deceased, Petitioner, v. Harry W. GRAHAM, Respondent.

Supreme Court of Florida.

Rehearing Denied October 12, 1964.

Attorney(s) appearing for the Case

D. Frank Smoak, Jr., Punta Gorda, and J. Lewis Hall, Tallahassee, for petitioner.

R.O. Isphording and Boone, Hazen & Isphording, Venice, for respondent.

DREW, Chief Justice.

By petition for writ of certiorari the petitioner seeks review of a decision of the District Court of Appeal, Second District, in an appeal from an order of the County Judge of Charlotte County denying a petition for payment of a claim in probate.

The district court in its opinion1 held, first, that the order denying petition for payment of the claim and requiring independent suit at law on same was a final...

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