DENTON v. CUMMINS DIESEL ENGINES, 101 So.2d 617 (Fla.App. 2 Dist. 1958)

MARION G. DENTON AND VALEDIA W. DENTON, A CO-PARTNERSHIP DOING BUSINESS AS MARDEN MANUFACTURING COMPANY, APPELLANTS, v. CUMMINS DIESEL ENGINES OF FLORIDA, INC., A CORPORATION, APPELLEE.

No. 282.District Court of Appeal of Florida, Second District.
March 28, 1958.

Appeal from the Circuit Court, Polk County, D.O. Rogers, J.

W. Ray Fortner and A.R. Surles, Jr., Lakeland, for appellants.

S.L. Holland, Jr., Bartow, Crofton, Wilson Brewer, Titusville, and Hall, Hedrick Dekle, Miami, for appellee.

Page 618

PER CURIAM.

It appearing to the court that no appeal was taken from the final judgment in this case, but only from the order denying the motion for new trial, it is ordered ex mero motu, that the appeal be dismissed. Proctor v. Kennedy, Fla. 1953, 64 So.2d 567.

KANNER, C.J., SHANNON, J., and SMITH, FRANK A., Associate Justice, concur.

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