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WISHMAN v. FOSTER & CURRY INDUSTRIES

No. 62-477.

145 So.2d 278 (1962)

Harry WISHMAN, Elsie R. Wishman, and Leo Wishman, Petitioners, v. FOSTER and CURRY INDUSTRIES, Inc., George E. Bunnell Corp., R.H. Wright & Sons, Inc., Ken C. Peterson Construction Corp., Bransfield & White, Inc., Florida Corporations, and Wright Contracting Company, a Georgia Corporation, Jointly and Severally, Respondents.

District Court of Appeal of Florida. Third District.

October 9, 1962.

Attorney(s) appearing for the Case

Langer, Alvin & Kramer, Miami, for petitioners.

Peck & Peck, Shutts, Bowen, Simmons, Prevatt & Boureau and Cotton Howell, Taylor, Brion & Rollins and Garth A. Webster, Miami, for respondents.

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

HORTON, Judge.

The petitioners here were plaintiffs below and brought an action in damages for trespass allegedly committed by the respondents upon the petitioners' property. Paragraph 4 of the petitioners' complaint alleged as follows:

"4. The Defendants and/or each of them, jointly and/or severally, did commit the described acts of entry upon and damage to the described property unlawfully and willfully, without regard to the property rights of the plaintiffs...

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