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STAPLES v. BATTISTI

No. 65-570.

191 So.2d 583 (1966)

Douglas E. STAPLES, Appellant, v. Charles W. BATTISTI, Executor of the Estate of Monica M. Staples, Deceased, Charles W. Battisti, Annelie C. Battisti, Frank Johnson, Marion Johnson, Joseph Cooke, Florence Cooke, and Alfred J. Abbey, Appellees.

District Court of Appeal of Florida. Third District.

On Rehearing September 20, 1966.

Attorney(s) appearing for the Case

Pruitt & Pruitt, Horton & Schwartz, Miami, for appellant.

George C. Persandi, Coral Gables, Blackwell, Walker & Gray and James E. Tribble, Frank C. Vernis, Jr., Miami, for appellees.

Before PEARSON, BARKDULL and SWANN, JJ.

PER CURIAM.

By this appeal, Douglas E. Staples, plaintiff below, [hereafter Staples], seeks review of an order on motions to dismiss and final decree, which dismissed his second amended complaint on the following grounds: "1. Plaintiff's Second Amended Complaint is in violation of Section 731.101 Florida Statutes [F.S.A.]. 2. By estoppel, for the reason that the plaintiff seeks to have the Final Decree of Divorce set aside even though he has accepted certain benefits...

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