WILSON v. MITCHELL

No. 67-8.

203 So.2d 213 (1967)

Pauline G. WILSON and Russell H. Wilson, Jr., Appellants, v. Hanson A. MITCHELL and Shirley D. Mitchell, His Wife, Henry Lubin and Evelyn Lubin, His Wife, B.N. Inman and Margaret Inman, His Wife, and Irving Zimmerman, Appellees.

District Court of Appeal of Florida. Third District.

October 24, 1967.


Attorney(s) appearing for the Case

Ralph F. Miles, Hialeach, for appellants.

Martin Lemlich, Miami, for Inmans, appellees.

Before CHARLES CARROLL, C.J., and HENDRY and SWANN, JJ.


PER CURIAM.

The appellants, the Wilsons, have appealed from an adverse summary final decree entered by the Chancellor below.

The burden of a party moving for a summary decree is that of showing conclusively the non-existence of any material issues of fact. See Holl v. Talcott, Fla. 1966, 191 So.2d 40.

It would appear that there was an unresolved issue of fact as to whether one of the defendants, Irving Zimmerman...

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