Florida District Courts of Appeal, 1964

Florida East Coast Railway Co. v. Smith

Florida East Coast Railway Co. v. Smith
Florida District Courts of Appeal · Decided July 1, 1964 · Allen, Kan, Ner, Ret, Smith
166 So. 2d 233; 1964 Fla. App. LEXIS 3962 (Southern Reporter, Second Series)

Florida East Coast Railway Co. v. Smith

Opinion of the Court

PER CURIAM.

An appeal was brought by the defendant which involved a voluntary nonsuit. We dismissed the appeal as the order was non-appealable by the defendant.

On petition for rehearing the appellant requested that we treat the appeal as a petition for writ of certiorari, pursuant to Florida Statutes 59.45, F.S.A., and we granted a rehearing.

j. On rehearing and treating the appeal as a petition for writ of certiorari, we deny certiorari.

SMITH, C. J., and ALLEN and KAN-NER (Ret.), JJ., concur.

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