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FLORIDA TRANSPORTATION CO. v. DIXIE SIGHTSEEING TOURS, INC.

Nos. 61-188, 61-190.

139 So.2d 175 (1962)

FLORIDA TRANSPORTATION CO., a Florida Corporation, Appellant, v. DIXIE SIGHTSEEING TOURS, INC., a Florida Corporation, Appellee. CONTINENTAL CASUALTY CO., a Foreign Corporation, Appellant, v. DIXIE SIGHTSEEING TOURS, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 12, 1962.

Attorney(s) appearing for the Case

Pruitt & Pruitt, Miami, for appellant Florida Transportation Co.

Carey, Goodman, Terry, Dwyer & Austin, Miami, and Joseph McGowan, Gainesville, for appellant Continental Casualty Co.

Donald G. MacKenzie and Dan G. Wheeler, Jr., Miami, for appellee.

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

CARROLL, Judge.

This action was brought by the appellee Dixie Sightseeing Tours, Inc., and one George Berger for damages in the circuit court in Dade County. The complaint presented a tort claim for wrongful attachment as well as a cause of action for damages on the attachment bonds.1 The tort action was in the nature of malicious prosecution and was dependent upon an allegation of maliciousness...

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