HAGAN v. LARAGIONE

No. 5357.

170 So.2d 69 (1964)

Harry L. HAGAN, individually, and as Executor of the Will of Alice L. Hagan, Deceased, Appellant, v. Fabiano LARAGIONE, Francesco Laragione, Lila Laragione Olivieri and Teresa Montesano Laragione, Appellees.

District Court of Appeal of Florida. Second District.

December 18, 1964.


Attorney(s) appearing for the Case

Joseph B. Cofer, of Gibbons, Tucker, McEwen, Smith & Cofer, Tampa, for appellant.

Ronald D. McCall, of Fowler, White, Gillen, Humkey & Trenam, Tampa, for appellees.


SHANNON, Judge.

The defendant takes an interlocutory appeal from an order striking certain defenses appearing in the defendant's answer.

The plaintiffs filed suit for specific performance of an oral agreement to make mutual wills, to which the parties were James E. Mele and his wife, Alice L. Mele. The complaint alleged that some time between 1948 and 1951, or alternatively, on or prior to September 5, 1958, the Meles orally agreed to execute mutual reciprocal...

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