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WEILBYE v. MIAMI BEACH FIRST NATIONAL BANK

No. 60-188.

125 So.2d 130 (1960)

Hans L. WEILBYE and M. Helen Weilbye, his wife, Appellants, v. MIAMI BEACH FIRST NATIONAL BANK and William J. During, Jr., as Ancillary Executors of the Estate of William J. during, Sr., Deceased, Appellees.

District Court of Appeal of Florida. Third District.

December 15, 1960.

Attorney(s) appearing for the Case

Joseph M. Fitzgerald and Thomas A. Horkan, Jr., Miami, for appellants.

Copeland, Therrel, Baisden & Peterson, Miami Beach, for appellees.

CARROLL, CHAS., Judge.

This appeal from an order of the county judge, striking the appellants' claim on the ground that it was not filed within the time allowed by § 733.16, Fla. Stat., F.S.A., raises a question which is described by the following statement in appellants' brief:

"It is the contention of the appellants that the aforesaid petition for authority to continue the business, and the said order authorizing the continuance of the business, constitute...

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