Jacques v. Wellington Corp.

ON REHEARING GRANTED.

This cause comes on for hearing pursuant to our order of October 11th, 1938 (134 Fla. 211, 183 So. 718) wherein we said:

"On review of the Order of the Circuit Court the appellate court should confine itself to consideration of only those matters and questions which were before the lower court and should not go beyond the record made and appearing in the lower court.

"The question of the power of the County Judge to direct a verdict for either party was not presented to the lower court."

It is true as stated in our Order that the question of thepower of the County Judge to…