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HIGHLAND BEACH REALTY CO. v. TURNER

No. 2178.

139 So.2d 467 (1962)

HIGHLAND BEACH REALTY CO., a Florida Corporation, Appellant, v. Charles W. TURNER, As Trustee, Charles W. Turner and Wilda C. Turner, His Wife, John A. Clarke and Estelle A. Clarke, His Wife, Harry A. Hoar and Lucille T. Hoar, His Wife, and Town of Highland Beach, Florida, a Municipal Corporation Existing under the Laws of the State of Florida, Appellees.

District Court of Appeal of Florida. Second District.

March 14, 1962.

Attorney(s) appearing for the Case

S. Robert Zimmerman, Pompano Beach, for appellant.

McCahill & McKenry, Boca Raton, and Harry A. Johnston and Henry F. Lilienthal, West Palm Beach, for appellees.

FUSSELL, CARROLL W., Associate Judge.

This appeal is brought by one of two defendants below against whom a summary decree was entered in favor of the plaintiffs in an action for a declaratory decree. One of the assignments of error and grounds for appeal is the denial of appellant's motion to dismiss. Since we agree that the lower court committed error in denying appellant's motion to dismiss the complaint, it will not be necessary for us to consider the other matters...

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