R.L. BERNARDO & SONS, INC. v. DUNCAN

No. G-200.

179 So.2d 581 (1965)

R.L. BERNARDO & SONS, INC., Appellant, v. Earl R. DUNCAN, Appellee.

District Court of Appeal of Florida. First District.

October 28, 1965.


Attorney(s) appearing for the Case

Davenport, Johnston, Harris & Urquhart, Panama City, and Truett & Watkins, Miami, for appellant.

No appearance for appellee.


PER CURIAM.

This is the third appearance of this case in this Court.

On the original appeal, one of the critical questions presented for decision was the right of appellee to institute this suit in the trial court. Appellant correctly contended that the suit was a type of action which could lawfully be instituted and maintained only by a taxpayer of the governmental unit whose funds were involved. Appellant further emphasized that the complaint failed to allege...

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