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EVERETT v. MONKEY JUNGLE, INC.

No. 64-881.

169 So.2d 873 (1964)

Jack EVERETT, Jr., Appellant, v. The MONKEY JUNGLE, INC., a Florida corporation, and Frank Vincent Dumond, for the use and benefit of United States Fidelity & Guaranty Company, Appellees.

District Court of Appeal of Florida. Third District.

December 22, 1964.

Attorney(s) appearing for the Case

Welsh, Cornell, Pyszka & Carlton; and Joe N. Unger, Miami, for appellant.

Carey, Terry, Dwyer, Austin, Cole & Stepehens and Edward A. Perse, Miami, for appellees.

Before CARROLL, TILLMAN PEARSON and HENDRY, JJ.

PER CURIAM.

This is an interlocutory appeal from an order denying the defendant's motion to dismiss an equity complaint. The appeal has merit and we reverse.

The appellant Jack Everett, Jr., was injured when the automobile in which he was a passenger collided with one owned by The Monkey Jungle, Inc. and driven by Frank Vincent Dumond. Everett sued them at law for damages for personal injuries. The defendants in that action then filed this suit in equity against...

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