Florida East Coast Ry. Co. v. Smith, 166 So. 2d 233 (Fla. Dist. Ct. App. 1964).
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Florida East Coast Ry. Co. v. Smith, 166 So. 2d 233 (Fla. Dist. Ct. App. 1964). Book View Copy Cite
FLORIDA EAST COAST RAILWAY CO., a Florida corporation
v.
Elsie SMITH
No. 4065.
District Court of Appeal of Florida.
Jul 1, 1964.
166 So. 2d 233
Bolles & Prunty, Miami, for appellant, Rupert Jasen Smith, Fort Pierce, for ap-pellee.
Allen, Kan, Ner, Ret, Smith.
Cited by 4 opinions  |  Published
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.