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DUNSCOMBE v. SAYLE

No. 1598.

120 So.2d 802 (1960)

Carroll DUNSCOMBE and Janet K. Dunscombe, His Wife, Appellants, v. Harold C. SAYLE, As Administrator E.T.C., De Bonis Non Cum Testamento Annexo of the Estate of Walter D. Sayle, Deceased, Appellee.

District Court of Appeal of Florida. Second District.

Rehearing Denied June 8, 1960.

Attorney(s) appearing for the Case

Carroll Dunscombe, Stuart, for appellants.

Burns, Middleton, Rogers & Farrell, Palm Beach, for appellee.

PER CURIAM.

Affirmed

ALLEN, C.J., and BARNS, PAUL D., and STEPHENSON, GUNTER, Associate Judges, concur.

BARNS, PAUL D., Associate Judge (concurring).

To a petition seeking a declaratory decree under Chapter 87, F.S.A., the appellants, as authorized by Rules of Civil Procedure, Rule 1.11(b), 30 F.S.A. filed motions to dismiss the complaint.

Appellant Carroll Dunscombe sought dismissal of the complaint on grounds, not so much addressed...

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