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SAPIENZA v. KARLAND, INC.

No. 62-595.

154 So.2d 204 (1963)

Joe SAPIENZA, Appellant, v. KARLAND, INC., a Florida corporation, d/b/a Sagamore Hotel, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied June 26, 1963.

Attorney(s) appearing for the Case

Richard K. Fink, Miami, for appellant.

Sheldon R. Rosenthal, Miami, for appellee.

Before PEARSON, TILLMAN, C.J., and CARROLL and BARKDULL, JJ.

PEARSON, TILLMAN, Chief Judge.

The appellant, who was plaintiff in the trial court, appeals an order striking his complaint as a sham pleading and entering judgment for the defendant. Plaintiff's complaint was founded upon the claimed conversion of certain personal property. The defendant filed a motion to strike the complaint as sham upon the following grounds:

"1. That the Plaintiff is not the owner of the entire personalty claimed, but did sell two-thirds...

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