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HENDRICKS v. DAILEY

No. 36590.

208 So.2d 101 (1968)

Wayne HENDRICKS and Leonard Sealey, D/B/a Wayne & Leonard Auto Parts, Petitioners, v. Frank L. DAILEY, Individually, and As Father and Next Friend of Frank L. Dailey, II, a Minor, Respondents.

Supreme Court of Florida.

March 13, 1968.

Attorney(s) appearing for the Case

Robert P. Gaines, of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for petitioners.

Lefferts L. Mabie, Jr., of Hopkins & Mabie, Pensacola, for respondents.

THORNAL, Justice.

By petition for a writ of certiorari we are requested to review a decision of a District Court of Appeal because of alleged conflicts with prior decisions of this Court. Fla. Const. Art. V, Sec. 4, F.S.A.; Dailey v. Hendricks, 200 So.2d 566 (1st D.C.A. Fla. 1967).

We must again consider the test which controls the propriety of an order of a trial judge granting a motion for a new trial.

Petitioner...

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