COR-GAL BUILDERS, INC. v. SOUTHARD

No. 61-285.

136 So.2d 244 (1962)

COR-GAL BUILDERS, INC., a Florida Corporation, and U.S. Fidelity and Guaranty Co., a Maryland Corporation, Appellants, v. Scotty SOUTHARD, d/b/a Scotty Tile and Terrazzo Contractor, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 26, 1962.


Attorney(s) appearing for the Case

Herman Grayson, Miami Beach, for appellants.

Feibelman, Friedman, Hyman & Durant, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and BARKDULL and HENDRY, JJ.


BARKDULL, Judge.

Appellants, subsequent to a jury verdict and final judgment adverse to them, seek reversal of said judgment because of the failure of the trial judge to dismiss the proceedings upon its being called to the court's attention, during the course of the trial, that the appellee had failed to comply with the Fictitious Name Law, Fla. Stat. 865.09, F.S.A.

The appellee, as plaintiff below, instituted the action, stating in his complaint and amended...

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