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DIXON v. TRAVELERS INDEMNITY CO.

No. 64-771.

174 So.2d 53 (1965)

Robert DIXON, as the duly qualified and acting Administrator C.T.A., D.B.N. of the Estate of Gaspore J. Noto, Deceased, Appellant, v. TRAVELERS INDEMNITY CO., a Connecticut Corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied May 4, 1965.

Attorney(s) appearing for the Case

Amos Benjamin, Miami, and Robert Dixon, for appellant.

Carey, Terry, Dwyer, Austin, Cole & Stephens and Joseph A. McGowan, Miami, for appellee.

Before BARKDULL, C.J., and CARROLL and HENDRY, JJ.

CARROLL, Judge.

This is an appeal by an administrator de bonis non from an order dismissing his action against the surety on the bond of his predecessor, the executrix who was removed by the probate court.

The administrator's action was against the surety alone. The complaint alleged the executrix had filed bond for $2,000 on which the defendant was the surety; that the executrix had mismanaged the estate, causing...

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