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PRESBYTERY OF THE EVERGLADES v. MORGAN

No. 59-654.

125 So.2d 762 (1961)

PRESBYTERY OF THE EVERGLADES, a corporation, and Clara Krome Wilson, for and on behalf of herself, and for and on behalf of all other persons similarly situated, Appellants, v. Charles O. MORGAN, individually, and as the representative of all other persons of a class similarly situated, Willis E. Garrett, and the Miami Beach Independent Presbyterian Church, also known as The Miami Beach First Presbyterian Church, a corporation, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 25, 1961.

Attorney(s) appearing for the Case

Sibley, Grusmark, Barkdull & King, Miami Beach, for appellants.

Copeland, Therrel, Baisden & Peterson, Miami Beach, for appellees.

HORTON, Chief Judge.

This appeal is from a decree adverse to the appellants. In substance, the decree adjudicated that equitable title to the real property upon which was located a church was in the appellee Miami Beach Independent Presbyterian Church, a non-profit corporation. The individual appellees are members of and representative of a group of persons formerly members of the Miami Beach First Presbyterian Church, who had withdrawn and severed their connections...

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