KRUPANSKY, J.
The instant matter is an appeal by the defendant-appellant, John C. Johnson, Superintendent of the Real Estate Commission (hereinafter referred to as Superintendent), from a judgment entered against him on July 7, 1976.
On July 29, 1976, the Superintendent timely filed a notice of appeal and raised four assignments of error. The assignments of error are as follows:
1. The trial court erred in not permitting the Superintendent
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