CLEVELAND TRUST COMPANY v. FOSTER


93 So.2d 112 (1957)

The CLEVELAND TRUST COMPANY, an Ohio corporation, Appellant, v. Athene S. FOSTER and Jack Wentz, Appellees.

Supreme Court of Florida, Special Division A.

Rehearing Denied March 5, 1957.


Attorney(s) appearing for the Case

Harold Ungerleider and Arthur Winton, Miami Beach, for appellant.

Worley, Gautier & Dawes and John H. Patterson, Miami, for Athene S. Foster; John M. Murrell, Jr., Miami, for Jack Wentz, appellees.


HOBSON, Acting Chief Justice.

This is an appeal by the plaintiff from a summary final decree of the circuit court, dismissing the complaint.

On January 19, 1954, plaintiff-appellant, the Cleveland Trust Company, filed an action at law seeking recovery of a money judgment against appellee Foster. This suit was upon an Ohio judgment, held by the Cleveland Trust Company against Foster, which had remained unpaid. At the time of service of process upon Foster in...

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