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AUSTIN v. SOUTHEAST TITLE AND INSURANCE COMPANY

No. 65-836.

181 So.2d 174 (1965)

Arkus G. AUSTIN, Appellant, v. SOUTHEAST TITLE AND INSURANCE COMPANY, a Florida corporation, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied January 12, 1966.

Attorney(s) appearing for the Case

Kneale, Roberts, Kneale & Starkweather, Miami, for appellant.

Preddy & Haddad, Miami, for appellee.

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

SWANN, Judge.

The plaintiff, Southeast Title and Insurance Company, a Florida corporation, filed a suit for a declaratory decree. After filing a motion to strike portions of the complaint, which was denied, the defendant, Arkus G. Austin, filed an answer not containing a counterclaim.

The plaintiff subsequently filed its voluntary motion to dismiss its complaint without prejudice with costs to be taxed against it, claiming that the defendant would not be ...

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