BOYD, Justice.
This cause is before us on appeal from the Court of Record, Hillsborough County. Appeal was originally taken from the Court of Record to the District Court of Appeal, Second District, and the latter Court has transferred the cause to this Court, pursuant to Rule 2.1, subd. a(5)(d), Florida Appellate Rules, 32 F.S.A.
The facts, as reported by the Second District in a two-to-one decision, are as follows:
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