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LUNDSTROM v. LYON

86 So.2d 771 (1956)

Charles T. LUNDSTROM and Rose Lundstrom, Appellants, v. Hunter LYON, II, Mrs. Hunter Lyon, II, William F. Kelen, Mrs. William F. Kelen, Herbert L. Jeffrey, Charlotte Jeffrey, Kogop Kalenian, Adrine Kalenian, Richard R. Twigg, Virginia Twigg, Appellees.

Supreme Court of Florida. Division B.

April 11, 1956.

Attorney(s) appearing for the Case

W. Emory Daugherty, Jr., Miami, and Leonard Pepper, Tallahassee, for appellants.

Dixon, DeJarnette, Bradford & Williams, Robert King High, James Pilafian and Davant, Letts & White, Miami, for appellees.

PATTERSON, Associate Justice.

This appeal is from a Summary Judgment for the defendants entered in the Circuit Court of Dade County in a common law action. Defendants had pleaded the applicable two year statute of limitations provided in Sec. 95.11, F.S.A. The undisputed facts are that the complaint was filed with the clerk within the limitation period but original process was not placed in the hands of the sheriff until after the limitation period. With respect to...

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