BERNICE GILSTAD, APPELLANT,
v.
HERSCHEL KING, INDIVIDUALLY, AND D/B/A KING BROS. LUMBER CO., APPELLEES

Fla. 2d DCA | 1959-03-11
No. 1054
109 So. 2d 798 Florida District Court of Appeal, Second District (1959) Positive Treatment
Cited by 1 case

Opinion of the Court

The appellees have filed in this cause a motion to dismiss the appeal, and upon consideration thereof, it is

Ordered that the said motion be and the same is hereby granted and the appeal in this cause is hereby dismissed.


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  • Mullen v. Mullen, 122 So. 2d 488 (Fla. 2d DCA 1960)
    …law case was in process, the time for taking testimony expired in the equity action, and the defendants successfully moved for a decree on bill and answer. The granting of this motion was the subject of a previous appeal in this case, as reported in 109 So. 2d 798, wherein we affirmed the chancellor per curiam. After the plaintiff obtained judgment in the law case, the chancellor dismissed the equitable complaint with prejudice. It is the prejudicial aspect of this dismissal which now concern’s us. Although…

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