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UNITED HOMES, INC. v. MOSS

No. 3452.

154 So.2d 351 (1963)

UNITED HOMES, INC., a Florida corporation, Appellant, v. Martin I. MOSS and Harry Abel, Appellees.

District Court of Appeal of Florida. Second District.

June 14, 1963.

Attorney(s) appearing for the Case

Ezra J. Regen and Gale K. Greene, Sarasota, for appellant.

I.R. Ludacer, of Harkavy, Doyle, Feigin, Hasson & Ludacer, and Henry P. Trawick, Jr., of Kirk, Pinkerton, Sparrow & Trawick, Sarasota, for appellees.

SMITH, Judge.

The appellant corporation, as plaintiff below, filed its amended complaint in chancery, setting out two counts. Count I was directed against both defendants, Martin I. Moss and Harry Abel, the appellees here. Count II, relating to the same transactions and events, was directed only against the defendant Moss. The lower court dismissed with prejudice Count I as it related to the defendant Abel, finding that this count did not allege facts setting up a...

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