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FOX v. TROUP BROS., INC.

No. 61-505.

137 So.2d 620 (1962)

Calvin FOX, As Father of Richard Fox, a/K/a Rickey Fox, Deceased, Appellant, v. TROUP BROS., INC., a Florida Corporation and Dade County, a Political Subdivision of the State of Florida, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied February 28, 1962.

Attorney(s) appearing for the Case

Knight, Smith, Underwood & Peters and Cecyl L. Pickle, Miami, for appellant.

Walton, Lantaff, Schroeder, Atkins, Carson & Wahl, Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, for appellees.

Before CARROLL, BARKDULL and HENDRY, JJ.

PER CURIAM.

This is an appeal from an order of the circuit court which, on Dade County's motion, dismissed the county as a defendant. The action was in tort under the attractive nuisance doctrine. The county and the defendant contractor were allegedly in possession. The trial court held that the complaint failed to state a cause of action against the county, saying:

"* * * having taken judicial knowledge of the fact that the real property involved is a part...

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