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CLEMENT v. AZTEC SALES, INC.

No. 73-227.

283 So.2d 68 (1973)

Michael Scott CLEMENT, a Minor, by and through His Mother and Next Friend, Eileen A. Clement, and Eileen A. Clement, Individually, Appellants, v. AZTEC SALES, INC., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 31, 1973.

Attorney(s) appearing for the Case

Robert Orseck of Podhurst, Orseck & Parks, and Preddy, Haddad, Kutner & Hardy, Miami, for appellants.

Frank E. Maloney, Jr., of Fleming, O'Bryan & Fleming, Fort Lauderdale, for appellee-American National Bank Building.

Douglas M. Carlton, Fort Lauderdale, for appellees-Aztec Sales, Inc., and Maccari Building and Construction Corp.

WALDEN, Judge.

ON MOTION TO DISMISS

We are squarely faced with an assault upon the validity of F.S. 59.04, F.S.A., Laws of 1971, which provides:

"59.04 Appeal from order granting new trial. — Upon the entry of an order granting a new trial, the party aggrieved may prosecute an appeal to the proper appellate court without waiting for final judgment. If the judgment is reversed, the appellate court may direct that final judgment [be entered...

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