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NOWLING v. ELLIS

No. EE-351.

346 So.2d 82 (1977)

Frank NOWLING, Appellant, v. M.B. ELLIS, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied April 26, 1977.

Attorney(s) appearing for the Case

Leo A. Thomas of Levin, Warfield, Middlebrooks, Graff, Mabie, Rosenbloum & Magie, Pensacola, for appellant.

T. Sol Johnson of Johnson, Green & Westmoreland, Milton, for appellee.

PER CURIAM.

Affirmed.

BOYER, C.J., and ERVIN, J., concur.

MILLS, J., dissenting.

MILLS, Judge, dissenting:

I dissent.

Nowling was charged with a criminal offense which was based upon a complaint by Ellis who is the plaintiff in this civil action which is based on the incident giving rise to the criminal charge. He served Nowling with a notice of taking his deposition. Nowling moved...

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