LUNGU v. WALTERS

No. 66-509.

198 So.2d 99 (1967)

Maria LUNGU, Appellant, v. David W. WALTERS, As Administrator of the Estate of Alek G. Lunga, Deceased, and Hague Realty Co., a Florida Corporation, Appellees.

District Court of Appeal of Florida. Third District.

April 25, 1967.


Attorney(s) appearing for the Case

Samuel J. Hannon and Alan B. Brody, Miami, for appellant.

William T. Kruglak, II, Stone, Bittel & Langer, Harold Tannen, Miami, for appellees.

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


PEARSON, Judge.

The plaintiff filed a complaint for a declaratory decree seeking a determination of the rights and interests of the parties in and to a certain promissory note and the proceeds payable thereunder. A motion to dismiss the amended complaint was filed by the defendant. Plaintiff appeals the order of the lower court which dismissed with prejudice the amended complaint for failure to state a cause of action. We hold that taking the allegations of the complaint...

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