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OXLEY v. ZMISTOWSKI

No. 2038.

128 So.2d 186 (1961)

John T. OXLEY and his wife, Mary K. Oxley, Appellants, v. M.J. ZMISTOWSKI, and his wife, Doris L. Zmistowski; Zmistowski Construction Co., a Florida corporation, and Dormanine Holding Corporation, a Florida corporation, Appellees.

District Court of Appeal of Florida. Second District.

January 27, 1961.

Attorney(s) appearing for the Case

Kirk Sullivan, Fulton, Sullivan & Burns, West Palm Beach, for appellants.

Angus J. Campbell, Warwick, Paul & Warwick, West Palm Beach, for appellees.

ALLEN, Chief Judge.

This appeal questions the sufficiency of process and service of process upon the appellants, defendants below. The appellees, as plaintiffs in the lower court, filed a complaint for declaratory decree in regard to their rights under an option contract whereby the appellant-defendants were to sell to plaintiffs certain land.

Several summonses were issued and two different services were made on the Secretary

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