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FREITAG v. SIMON

Nos. 64-490, 64-491.

171 So.2d 918 (1965)

Jack J. FREITAG and Robert R. Frank, Appellants, v. Phillip E. SIMON and Benjamin Cohen, Appellees. Jack J. FREITAG, Appellant, v. Phillip E. SIMON and Benjamin Cohen, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied March 9, 1965.

Attorney(s) appearing for the Case

Dubbin, Schiff, Berkman & Dubbin, Miami, for appellants.

Robert H. Slatko and Cassel & Benjamin, Miami, for appellees.

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

TILLMAN PEARSON, Judge.

The two appeals considered in this opinion are: (1) Case No. 64-490 which is an appeal from a chancery decree wherein the court reformed a promissory note, and (2) Case No. 64-491 which is an appeal from an order dismissing a common-law action on the note as originally framed. The final judgment in the common-law action was entered solely on the basis of the final decree in the chancery action. Therefore, we may consider both appeals as depending...

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