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Zecca v. Pecora

Florida Supreme Court

December 8, 1939

ZECCA
v.
PECORA.

Error to Circuit Court, Dade County; Paul D. Barns, Judge.

Suit between James Zecca and John Pecora. To review an adverse judgment, James Zecca brings error. On motion by defendant in error to strike the bill of exceptions.

Motion denied.

COUNSEL [141 Fla. 37]James Kytle Williams, of Miami, for plaintiff in error.

J. H. Mercer, of Miami, C. S. Robertson, of Coral Gables, and Murrell & Malone and Benjamin E. Carey, all of Miami, for defendant in error.

OPINION

WHITFIELD, Justice.

Defendant in error moves to strike the bill of exceptions on the ground that it was not presented to the trial Judge for authentication until after the expiration of the ninety days allowed by Rule 88.

Motion for new trial was denied July 11, 1939. Bill of exceptions was presented to, and signed by, the Judge October 30, 1939. The order ...


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