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LOPEZ v. SMITH

No. 575.

109 So.2d 176 (1959)

Alfonso Ray LOPEZ et al., Appellants, v. Duval M. SMITH et al., Appellees.

District Court of Appeal of Florida. Second District.

February 20, 1959.

Attorney(s) appearing for the Case

Charles H. Ross and Paul Game, Tampa, for appellants.

Whitaker Brothers, Tampa, and Hall, Hartwell & Douglass, Tallahassee, for appellees, Tom Whitaker, Duval M. Smith, May P. Smith, and David M. Schwartz.

Robert W. Patton, Robert T. Mann, Gordon L. Gibbons, Thomas Alexander, and Arthur A. Simpson, Tampa, for appellee, Scenic Isles, Inc.

KANNER, Chief Judge.

Appellants, in the court below, sought to quiet title to certain islands or parts of islands which they claim to be contained within the boundaries of three fractional government lots to which they hold title. The chancellor dismissed the complaint on the ground that it presented no justiciable issue and failed to state a cause of action. Appellants then filed motion for rehearing and for leave to amend. These were denied by the court on the basis...

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