McDonald v. Frates

BARNS, PAUL D., Associate Judge

(concurring specially).

The appellees, severally, have filed motions to recall mandates to vacate judgments of reversal and to dismiss appeals. The motions should be denied for the reasons hereinafter stated. The foregoing, motions were filed in the cases of McDonald v. Frates (McDonald v. Colson), Fla.App., 127 So.2d 695.

The foregoing decisions became final on March 29, 1961 and upon petition to the Supreme Court for certiorari, the petitions were denied on June 7, 1961, 133 So.2d 325. In the meantime the mandates of this court to the lower court were issued on…