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BENNETT v. FRATUS

No. 64-304.

164 So.2d 827 (1964)

Helen H. BENNETT, Appellant, v. John FRATUS, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 23, 1964.

Attorney(s) appearing for the Case

Dean, Adams & Fischer and Jeanne Heyward, Miami, for appellant.

Dermer, Rosen & Mofsky, Miami Beach, Richard M. Gale, Miami, for appellee.

Before CARROLL, HORTON and TILLMAN PEARSON, JJ.

PER CURIAM.

This matter is before us on appellee's motion to dismiss an appeal taken by the defendant below from an order of voluntary nonsuit entered at the behest of the plaintiff during the course of a jury trial in a law action.

The trial court's order was as follows:

"This Cause coming on to be heard on the Plaintiff's Motion for a Non-Suit pursuant to Florida Statute 54.09, and the Defendant having...

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