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BENNETT v. FRATUS

No. 33629.

177 So.2d 334 (1965)

Helen H. BENNETT, Petitioner, v. John FRATUS, Respondent.

Supreme Court of Florida.

July 21, 1965.

Attorney(s) appearing for the Case

Dean & Adams and Jeanne Heyward, Miami, for petitioner.

Dermer, Rosen & Mofsky, Miami Beach, for respondent.

PER CURIAM.

Respondent, Fratus, who was plaintiff in a law action in the trial court was permitted to take a voluntary non-suit with an approving order of the trial judge. Bennett appealed to the Court of Appeal, Third District. On Motion of Fratus as appellee, the District Court dismissed the appeal on the ground that the order permitting the non-suit was non-final and therefore not subject to review by appeal. Bennett v. Fratus, Fla.App.,

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