BERKOWITZ v. FIRESTONE

No. 65-30.

173 So.2d 161 (1965)

Seymour BERKOWITZ, Appellant, v. Bernard FIRESTONE, Appellee.

District Court of Appeal of Florida. Third District.

March 30, 1965.


Attorney(s) appearing for the Case

Paul & Landy and Stanley Arthur Beiley, Miami, for appellant.

Irving Cypen Law Offices and Arnold Nevins, Miami Beach, for appellee.

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


PER CURIAM.

The appellant was the defendant in the trial court to a suit for a declaratory decree. His motion to dismiss the complaint was denied whereupon this interlocutory appeal was taken. The basic contention is that the merits of the cause are so clearly for the defendant that the chancellor erred in finding that the complaint presents a bona fide need for the declaration. See Columbia Casualty Co. v. Zimmerman, Fla. 1952, 62 So.2d 338

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