Giometti v. Etienne

THE COURT.

This is a motion to set aside an order vacating an order granting a hearing in this court, after decision in the District Court of Appeal. Plaintiffs had judgment in the lower court, and upon appeal by defendants, the judgment was reversed by the" District Court of Appeal. The plaintiffs petitioned for hearing, and an order granting a hearing was made on August 14, 1933, signed by four justices of this court. Thereafter, counsel for defendant called attention to the fact that Mr. Justice Preston, one of the four justices who concurred in the order, was related to Mr. Hugh L.…