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STATE ROAD DEPARTMENT v. HARVEY

No. 2829.

142 So.2d 773 (1962)

STATE ROAD DEPARTMENT of Florida, an Agency of the State of Florida, Appellant, v. G.L. HARVEY and Edwina Harvey, His Wife, Appellees.

District Court of Appeal of Florida. Second District.

June 27, 1962.

Attorney(s) appearing for the Case

Robert D. Canada, Tallahassee, for appellant.

Walter Warren, Leesburg, for appellees.

SHANNON, Chief Judge.

This interlocutory appeal seeks review of an order in chancery denying a motion to dismiss filed by the defendant-appellant, and ordering the cause transferred to the law side of the court.

Plaintiffs, appellees here, filed their unsworn complaint seeking to have the defendant, State Road Department, enjoined from trespassing on their land. Motion to dismiss was granted with leave to amend. Plaintiffs then filed a sworn amended complaint...

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