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COOK v. LAYTON

78 So.2d 690 (1955)

Thomas M. COOK, Appellant, v. William F. LAYTON, Robert Underhill and Havelock Wells, on Behalf of All Taxpayers and Property Owners in the Town of Riviera Beach, Florida, and the Town of Riviera Beach, a Municipal Corporation, Appellees.

Supreme Court of Florida. Special Division A.

Rehearing Denied April 5, 1955.

Attorney(s) appearing for the Case

Winters, Foskett, Cook & Brackett, Paty, Downey & Paty, West Palm Beach, and Pleus, Edwards & Rush, Orlando, for appellant.

Coe, Richardson & Broberg, Palm Beach, for William F. Layton and Havelock Wells.

Elwyn L. Middleton, West Palm Beach, and William J. Bosso, Riviera Beach, for Town of Riviera Beach.

MATHEWS, Chief Justice.

In the case of Cromer v. Layton, Fla., 64 So.2d 556, we held that the allegations of the bill of complaint were sufficient as to Cook. In that case we said:

"* * * It appears that the allegations are sufficient to show a fiduciary relationship, and that the same is sufficient to give a court of equity jurisdiction. "The bill alleged that the Town Council consulted with the defendant, Cook...

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