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NEW YORK LIFE INSURANCE COMPANY v. KURZ

No. 33945.

174 So.2d 537 (1965)

NEW YORK LIFE INSURANCE COMPANY, a corporation, Petitioner, v. Carlie C. KURZ and Essie G. Kurz, Respondents.

Supreme Court of Florida.

April 28, 1965.

Attorney(s) appearing for the Case

Howell, Dawson, Galant, Maddox & Sulik and Charles Cook Howell, Jacksonville, for petitioner and cross-respondent.

Mahoney, Hadlow, Chambers & Adams and Ray L. Wilson, Jacksonville, for respondents and cross-petitioners.

DREW, Chief Justice.

This cause has been heard upon the motion of the respondent to dismiss the cross-petition for writ of certiorari filed by the respondent Essie G. Kurz on the grounds, first: that Florida Appellate Rule 4.5, subd. c(3), 31 F.S.A. permitting under the conditions set forth therein the filing of cross-petitions is inapplicable to Rule 4.5, subd. c(6) relating to certiorari from decisions of the District Courts of Appeal to the Supreme Court and, second...

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