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FLORIDA EAST COAST RAILWAY v. SMITH
District Court of Appeal of Florida, Second District.
Jul 1, 1964
PER CURIAM.
An appeal was brought by the defendant which involved a voluntary nonsuit. We dismissed the appeal as the order was nonappealable 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.
On rehearing and treating the appeal as a petition for writ of certiorari, we deny certiorari.
SMITH, C.J., and ALLEN and KANNER (Ret.), JJ., concur.
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