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DEAUVILLE OPERATING CORP. v. TOWN AND BEACH PL. CO.

No. 60-378.

123 So.2d 353 (1960)

DEAUVILLE OPERATING CORP., a Florida corporation, Petitioner, v. TOWN AND BEACH PLUMBING CO., Inc., a Florida corporation, Respondent.

District Court of Appeal of Florida. Third District.

October 3, 1960.

Attorney(s) appearing for the Case

Cypen & Salmon, Miami Beach, for petitioner.

Dean, Adams, Fischer & Gautier, Miami, Levy, Leventhal & Goldstein, No. Miami Beach, Blackwell, Walker & Gray and Melvin Boyd, Monroe Gelb and Walter E. Dence, Miami, for respondent.

PER CURIAM.

The defendant and counterclaimant by petition for certiorari seeks reversal of the trial court's order upon plaintiff's motion for summary judgment. The order reads in part as follows:

"1. That the plaintiff, Town and Beach Plumbing Co., Inc.'s Motion for Summary Judgment and Motion for Partial Summary Judgment be and the same are hereby denied conditioned upon: "a) The defendant, Deauville Operating Corp., paying to the plaintiff, Town...

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