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MITCHELL v. BROWN

No. C-205.

128 So.2d 8 (1961)

Mack MITCHELL and Nena Mitchell, his wife, Kirby L. Whittle, and Henry T. Wester and Jessie D. Wester, his wife, Appellants, v. Georgia Oleana BROWN, as guardian of L.L. Davis, an incompetent, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied April 10, 1961.

Attorney(s) appearing for the Case

William H. Sapp, Thomas Sale, Panama City, and Caldwell, Foster, Parker, Madigan & Oven, Tallahassee, for appellants.

William B. Leath, Panama City, for appellee.

CARROLL, DONALD K., J.

This interlocutory appeal marks the second appearance of this case in this court. On the initial appeal the sole question presented for our determination was whether the Circuit Court for Bay County had erred in entering a summary final decree for an incompetent in this suit brought by his guardian seeking to set aside a final decree of foreclosure which that court had entered in 1943 against certain properties owned by the incompetent, on the...

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