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BOGLE v. PERKINS

No. 38970.

240 So.2d 801 (1970)

Robert E. BOGLE, Appellant, v. Marcley Healy PERKINS, Appellee.

Supreme Court of Florida.

Rehearing Denied December 7, 1970.

Attorney(s) appearing for the Case

Gerald T. Wetherington, Miami, for appellant.

Lee Henry, So. Miami, and Guion T. De Loach, Miami, for appellee.

ROBERTS, Justice.

This cause brought for review by appeal a decision of the trial court which had entered summary judgment against appellant in a suit for specific performance. The Court was in doubt as to whether the trial judge had passed on the validity of a statute or construed a controlling provision of the Constitution so, under the authority of State v. Bruno, 104 So.2d 588 (Fla. 1958); Merrill v. City of Miami,

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