ATKINS v. BIANCHI

No. F-68.

162 So.2d 694 (1964)

J. Thomas ATKINS, James D. Beeson, Louis C. Costanza, Virgilio B. DePadua and John T. Evans, trading and doing business as Anesthesia Associates, Appellants, v. Dominick A. BIANCHI, Appellee.

District Court of Appeal of Florida. First District.

Rehearing Denied April 28, 1964.


Attorney(s) appearing for the Case

Bruce & Smith, Jacksonville, for appellant.

Howell, Kirby, Montgomery & Sands, Jacksonville, for appellee.


CARROLL, DONALD K., Judge.

The defendants in an accounting suit have filed an interlocutory appeal from an order entered by the Circuit Court for Duval County granting the plaintiff's motion to strike certain portions of their answer to the complaint. The crux of the question before us for determination is whether the chancellor correctly struck the allegations in those portions of the defendants' answer because they were not susceptible of proof without violating...

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