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SAPIENZA v. BASS

No. 61-840.

144 So.2d 520 (1962)

Joseph SAPIENZA, Appellant, v. Herbert BASS, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 11, 1962.

Attorney(s) appearing for the Case

Richard K. Fink and Sidney Syna, Miami Beach, for appellant.

George Gilbert, Miami Beach, for appellee.

Before PEARSON, TILLMAN, C.J., BARKDULL, J., and LOPEZ, AQUILINO, Jr., Associate Judge.

PER CURIAM.

The trial judge entered the following order of dismissal which is here appealed:

"The plaintiff sued the defendant in an action at law. His complaint alleges that the parties entered into a partnership agreement, which was attached to and made a part of the complaint. It sought to recover $5,000.00 evidenced by the defendant's promissory note dated March 9, 1960 and payable to the plaintiff on December 1, 1960. The partnership agreement provided...

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