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SUPERIOR UNIFORMS, INC. v. NEWAY UNIFORM & TOWEL SUP.

No. 63-758.

166 So.2d 464 (1964)

SUPERIOR UNIFORMS, INC., and Hialeah Springs Motors, Inc., Appellants, v. NEWAY UNIFORM AND TOWEL SUPPLY OF FLORIDA, INC., Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied August 13, 1964.

Attorney(s) appearing for the Case

Myers, Heiman & Kaplan and Philip Bloom, Miami, for Superior Uniforms, Inc.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, for Hialeah Springs Motors, Inc.

Daniel Neal Heller, Miami, for appellee.

Before CARROLL, HORTON and TILLMAN PEARSON, JJ.

PER CURIAM.

The defendants appeal a final decree which granted no equitable relief but entered a money judgment for the plaintiff and against the appellants. It is first contended that the chancellor should have dismissed the complaint because a clear and adequate remedy existed at law. If this situation existed, the appellants should have moved for an order to transfer the action pursuant to Rule 1.39(a) Florida Rules of Civil Procedure,1

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