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IRV ENTERPRISES v. ATLANTIC ISLAND CIVIC ASSOCIATION

90 So.2d 607 (1956)

IRV ENTERPRISES, Inc., a Florida Corporation, and Irving Pollack, Appellants, v. ATLANTIC ISLAND CIVIC ASSOCIATION, Inc., The Dade County Commission, consisting of Hugh Peters, Preston B. Bird, I.D. MacVicar, Jessee Yarborough, and Grant Stockdale and Thomas Furlong, Appellees.

Supreme Court of Florida. Division B.

Rehearing Denied December 4, 1956.

Attorney(s) appearing for the Case

Sibley & Davis, Miami Beach, for appellants.

Wilson Trammell, Miami, for Atlantic Island Civic Ass'n, Inc., and Thomas Furlong; Hudson & Cason, Miami, for Dade County, appellees.

THOMAS, Justice.

The appellants filed a bill of complaint in which they sought cancellation of a deed, executed by the Dade County Commission, alleged to have conveyed land to Atlantic Island Civic Association, Inc., without complying with Sec. 125.35, Florida Statutes 1953, and F.S.A. The defendants filed answers admitting the material allegations of the bill and eventually the plaintiffs and defendants filed motions for summary decree. The latter prevailed.

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