SHONGUT v. MALNIK

Nos. 64-911, 64-1068.

173 So.2d 708 (1965)

William McK. SHONGUT, Appellant, v. Alvin I. MALNIK, Appellee. Alvin I. MALNIK, Appellant, v. William McK. SHONGUT, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 28, 1965.


Attorney(s) appearing for the Case

H.I. Fischbach, Miami, for Malnik.

Walters, Moore & Costanzo, Arthur D. Deckelman, Marshall Feuer, Miami, for Shongut.

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


BARKDULL, Chief Judge.

By these consolidated appeals, we are called upon to review a post-final summary judgment order denying a motion for relief pursuant to Rule 1.38(b), Florida Rules of Civil Procedure, 30 F.S.A., and an order of a chancellor denying a motion to dismiss, motion for summary decree and motion to strike. We affirm both orders.

It is apparent that the matters attempted to be brought to the attention of the trial judge in the common law action...

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