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WEBSTER v. KEMP

No. 33056.

164 So.2d 814 (1964)

Thomas WEBSTER, a minor by his father and next friend, M.B. Webster, and M.B. Webster, individually, Petitioners, v. Kreis KEMP, a minor by his father and next friend, George Kemp, and George Kemp, individually, Respondents.

Supreme Court of Florida.

Rehearing Denied April 20, 1964.

Attorney(s) appearing for the Case

Sams, Anderson, Alper & Spencer and Sam Daniels, Miami, for petitioners.

Smith & Poole, Miami, for respondents.

THORNAL, Justice.

On a petition for a writ of certiorari we have for review a decision of the Third District Court of Appeal, which is alleged to be in conflict with a prior decision of this Court.

We must decide whether the decision in the instant case conflicts with a prior decision of this Court on the same point of law when applied to substantially the same controlling facts.

The decision under review is Webster v. Kemp, Fla.App.,

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