MORSE v. HENDRY CORPORATION

No. 6236.

177 So.2d 31 (1965)

Philip C. MORSE, Jr., and Boat Haven Naples, Inc., a Florida Corporation, Appellants, v. HENDRY CORPORATION, a Florida Corporation, Appellee.

District Court of Appeal of Florida. Second District.

July 8, 1965.


Attorney(s) appearing for the Case

Walter Raymond Condon, of Condon & McDaniel, Naples, for appellants.

Julian Clarkson, of Henderson Franklin, Starnes & Holt, Fort Myers, for appellee.


PER CURIAM.

The appellants, who were plaintiffs below, appeal from an order dismissing with prejudice counts one and two of their three-count complaint in an action at law. The lower court refused to dismiss count three, which was based on negligence, and ordered the defendant to answer. Counts one and two were based on the theory of third party beneficiary and strict liability.

The defendant has filed its motion to dismiss the appeal on the ground that it...

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