SAKS v. SMITH

No. 62-546.

145 So.2d 895 (1962)

Ben SAKS, Individually and As Guardian of Etta Saks, Incompetent, Appellant, v. Harry B. SMITH Guardian Ad Litem of Etta Saks, Appellee.

District Court of Appeal of Florida. Third District.

October 30, 1962.


Attorney(s) appearing for the Case

Robert H. Givens, Jr., Miami, for appellant.

Smith & Mandler, Miami Beach, for appellee.

Before PEARSON, TILLMAN, C.J., and HORTON and CARROLL, JJ.


HORTON, Judge.

This interlocutory appeal is from an order denying the appellant's motion to dismiss an amended complaint for declaratory relief. The cause was submitted for determination without oral argument.

The sole question at issue here is whether or not the amended complaint states a cause of action for declaratory relief. We conclude that it does not.

The amended complaint to which the appellant's motion to dismiss was directed alleged in substance...

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