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DRAKE v. WIMBOURNE

No. 966.

112 So.2d 27 (1959)

Marie DRAKE, also known as Marie Poor, and James D. Camp, Jr., Guardian ad litem for Marie Drake, Appellants, v. Cecilia Gertrude WIMBOURNE, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied June 3, 1959.

Attorney(s) appearing for the Case

James D. Camp, Jr., of McCune, Hiaasen, Kelley & Crum, Fort Lauderdale, for appellants.

Harry H. Teitelman, of Beigel & Teitelman, Miami, for appellee.

SHANNON, Judge.

The appellants, Marie Drake and James D. Camp, Jr., guardian ad litem for Marie Drake, filed this interlocutory appeal by reason of the entry of an order of the trial court denying Marie Drake's motion to dismiss. The plaintiff below filed a complaint sounding in tort, and on that complaint a summons to two defendants, Edward J. Poor and Marie Drake, was delivered to the sheriff. The sheriff's return showed that the deputy had delivered a copy to the...

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