SMITH v. SMITH

No. 66-1112.

194 So.2d 917 (1967)

Harry SMITH, Appellant, v. Rosa SMITH, Appellee.

District Court of Appeal of Florida. Third District.

February 14, 1967.


Attorney(s) appearing for the Case

Louis Beller, Miami Beach, for appellant.

Weintraub & Weintraub and Joseph H. Weil, Miami, for appellee.

Before HENDRY, C.J., and CARROLL and BARKDULL, JJ.


HENDRY, Chief Judge.

We granted rehearing to consider the following question: When is an order, which has been followed by a timely petition for rehearing, "rendered" so that it may serve as a predicate for an appeal. Upon reconsideration of appellee's motion to dismiss appeal, we recede from our prior order denying said motion and hereby order that it be granted.

Appellant petitioned the circuit court to modify a final decree of separate maintenance. The...

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