Opinion
December 11, 1951.
Appeal from the Circuit Court for Orange County, Frank A. Smith, J.
Clark W. Jennings, Orlando, for appellant.
Anderson Rush, Orlando, for appellees.
The final decree from which this appeal was prosecuted is affirmed upon authority of Nicol v. Bressler, 159 Fla. 668, 32 So.2d 457.
The contention made by appellant that the Chancellor should have transferred this cause to the law side of the court rather than dismiss it is not well taken because appellant (plaintiff below) failed to make timely application for an order transferring this cause to the law side of the court. See Edmun Realty Corporation et al. v. Kearns, 158 Fla. 558, 28 So.2d 834.
Affirmed.
SEBRING, C.J., and TERRELL, THOMAS and HOBSON, JJ., concur.