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SEVEN-UP BOTTLING CO. OF MIAMI v. GEORGE CONST. CORP.

No. 63-874.

166 So.2d 155 (1964)

SEVEN-UP BOTTLING COMPANY OF MIAMI, Inc., a Florida corporation, Appellant, v. GEORGE CONSTRUCTION CORP., a Florida corporation, and George Vizenthal, Appellees.

District Court of Appeal of Florida. Third District.

July 7, 1964.

Attorney(s) appearing for the Case

Guilmartin & Bartel, Miami, for appellant.

Stern, Hutner & Baxter, Miami, for appellees.

Before CARROLL, HORTON and TILLMAN PEARSON, JJ.

TILLMAN PEARSON, Judge.

The appellant, Seven-Up, filed an independent action seeking relief from a prior decree of foreclosure upon the ground that the decree was obtained by fraud upon the court, collusion, perjury of a witness and a party, and fabrication of testimony between a witness and a party. The trial judge, who had tried the foreclosure action, heard the second action and upon motion of the defendant, entered a...

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