DEKLE, Justice.
This cause is before us on a petition for writ of certiorari seeking review of an order entered by the District Court of Appeal, Third District (unreported), which creates a decisional conflict with the prior decision of this Court in Atlantic Coast Line RR Co. v. Cone, 53 Fla. 1017, 43 So. 514 (1907), and a decision from the same district court of appeal in Ginsberg v. Ginsberg,
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