Opinion
No. 4065.
July 1, 1964.
Appeal from the Circuit Court for St. Lucie County, Wallace Sample, J.
Bolles Prunty, Miami, for appellant.
Rupert Jasen Smith, Fort Pierce, for appellee.
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.