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MILLER v. GREENE

104 So.2d 457 (1958)

I. MILLER, Appellant, v. Norman GREENE and Philip M. Greenberg, as Executors of the Estate of Ethel Greenberg, deceased, Appellees.

Supreme Court of Florida.

July 16, 1958.

Attorney(s) appearing for the Case

Mortimer I. Podell, Miami Beach, for appellant.

L.J. Cushman, Miami, for appellees.

O'CONNELL, Justice.

Ethel Greenberg sued the defendant I. Miller, appellant here, for monies due her by defendant. Defendant filed an answer and in addition filed a counterclaim in which he claimed plaintiff was indebted to him for services rendered in the reasonable amount of $25,000. Plaintiff moved to dismiss the counterclaim on the ground that it stated "no claim upon which relief can be granted." On this motion the court dismissed the counterclaim with prejudice...

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