DADE COUNTY v. RAY

No. 64-363.

166 So.2d 475 (1964)

DADE COUNTY, a political subdivision of the State of Florida, Appellant, v. J.C. RAY, Elizabeth M. Ray, Clarence W. Norwood, Ray Realty Corporation, a Florida corporation, and Texaco, Inc., a Delaware corporation, Appellees.

District Court of Appeal of Florida. Third District.

July 28, 1964.


Attorney(s) appearing for the Case

Thomas C. Britton, County Atty., and St. Julien P. Rosemond, Asst. County Atty., for appellant.

Mershon, Sawyer, Johnston, Dunwody, Mehrtens & Cole and Peter C. Jones, Miami, for appellees.

Before BARKDULL, C.J., and HORTON and TILLMAN PEARSON, JJ.


PER CURIAM.

By this interlocutory appeal, the appellant [defendant in the trial court] seeks review of a combined order of a chancellor denying its motion to dismiss and its motion for summary judgment [or decree].

From an examination of the record on appeal, it appears that the complaint states a cause of action. See: Harris v. Goff, Fla.App. 1963, 151 So.2d 642. Therefore, the action of the chancellor in denying the motion...

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