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WALTON v. CITY OF CLERMONT

No. 532.

109 So.2d 403 (1959)

W.R. WALTON, H.E. Schrammel and Mary Schrammel, his wife, Appellants, v. CITY OF CLERMONT, a Municipal Corporation of the State of Florida, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied March 16, 1959.

Attorney(s) appearing for the Case

C. Welborn Daniel, Cork & Daniel, Clermont, for appellants.

Irving F. Morse, Clermont, and W.B. Hunter, Tavares, for appellee.

WARREN, LAMAR, Associate Judge.

The appeal in this case is from a final decree dissolving a temporary injunction and dismissing with prejudice the complaint upon which the former was based.

The litigation arose when the City of Clermont sought to pave an avenue shown upon a plat of the city. Opposition developed by certain property owners who alleged in their complaint that the avenue "has never been paved or graded or in any way traveled upon by the public...

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