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BRYANT v. SMALL

No. 71-625.

258 So.2d 459 (1972)

Willie BRYANT, Appellant, v. Evans SMALL, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 8, 1972.

Attorney(s) appearing for the Case

Alfred D. Bieley, Miami, for appellant.

August, Nimkoff & Gladstone, Miami, for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.

HENDRY, Judge.

Appellant-plaintiff Willie Bryant seeks review of an order of the Circuit Court of Dade County dated May 27, 1971, which was entered upon appellee-defendant Evans Small's motion to limit issues. The order, in pertinent part, states as follows:

"The Court finds that said Final Order in said Ross Estate, to which no Petition for Rehearing was sought nor appeal taken therefrom has become res judicata of all issues at bar save damages...

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