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ABERNATHY v. GRUPPO

No. 59-487.

119 So.2d 398 (1960)

William ABERNATHY and Ruth Abernathy, Appellants, v. Carolyn GRUPPO, Also Known As Carolyn Olaf, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 25, 1960.

Attorney(s) appearing for the Case

Battisti & Persandi, Coral Gables, for appellants.

Albert M. Lehrman, Miami Beach, for appellee.

MILLEDGE, STANLEY, Associate Judge.

On October 8, 1958, the plaintiffs (appellants) obtained a judgment in the circuit court in Dade County for $4,000 and costs. Shortly thereafter a writ of execution issued and the sheriff levied on some land as the property of the defendant. Before the date of the sheriff's sale the defendant filed her homestead and exemption notice. The plaintiffs then filed a complaint in the circuit court in Dade County, seeking a decree determining...

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