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JOSEPH v. BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY

No. 65-872.

184 So.2d 452 (1966)

Samuel A. JOSEPH and Sam Joseph, d/b/a Sam Joseph & Son, Appellant, v. The BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, Florida, Appellee.

District Court of Appeal of Florida. Third District.

March 29, 1966.

Attorney(s) appearing for the Case

Shutts & Bowen and Herbert L. Nadeau, Miami, for appellants.

Bolles, Goodwin & Ryskamp and Robert A. Ware, Jr., Miami, for appellee.

Before HENDRY, C.J., and PEARSON and CARROLL, JJ.

CARROLL, Judge.

This is an appeal by the plaintiffs below from an order transferring a suit for declaratory judgment under Chapter 87, Fla. Stat., F.S.A., from equity to law. In claiming error the appellant appears to proceed on the theory that cases for declaratory judgment under Chapter 87 are to be filed on the equity side of the circuit court rather than the law side. We do not agree.

In City of Miami v. Miami Transit Company, Fla.App. 1957,

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