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ALBURY v. CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT

No. 57-67.

99 So.2d 248 (1957)

DeWitt ALBURY and Lois Albury, His Wife, Appellants, v. CENTRAL AND SOUTHERN FLORIDA FLOOD CONTROL DISTRICT and Three Bays Improvement Co., a Florida corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 10, 1958.

Attorney(s) appearing for the Case

Samuel D. Wallace and John E. Kirk, Miami, for appellants.

Robert M. Sturrup and Charles H. Gautier, Miami, for appellees.

PEARSON, Judge.

This case is before the Court on an interlocutory appeal. The appeal is taken from an order denying the plaintiffs' motion for a summary final decree. Ordinarily an appellate court will not review an order denying summary decree or judgment. In this case we do not pass upon the propriety of the denial, but are concerned with that portion of the order which settled the law of the case, pursuant to Florida Rules of Civil Procedure 1.36(d), 30 F.S.A....

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