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COLE v. EXCHANGE NATIONAL BANK OF CHICAGO

No. 33409.

183 So.2d 195 (1966)

Albert COLE et al., Petitioners, v. The EXCHANGE NATIONAL BANK OF CHICAGO, Respondent.

Supreme Court of Florida.

Rehearing Denied March 9, 1966.

Attorney(s) appearing for the Case

Fuller Warren, Miami, and Shorenstein & Lewis, Miami Beach, for petitioners.

Ward & Ward and W.G. Ward, Miami, for respondent.

DREW, Justice.

This case originated as a suit to foreclose a mortgage brought by the bank, the present respondent. A motion to dismiss the complaint as not stating a cause of action was granted with prejudice by the Chancellor and an appeal taken to the District Court of Appeal, 3rd District, 161 So.2d 715, which reversed and remanded. A petition for certiorari based on conflict was then filed in this Court.

Since a movant...

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