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CARBERRY v. FOLEY

No. 66-804.

203 So.2d 214 (1967)

John J. CARBERRY, As Bishop of the Diocese of Columbus, Ohio, a Corporation Sole, Appellant, v. Joseph Gibson FOLEY, Florida National Bank and Trust Company at Miami, a National Banking Institution, John D. Connor, As Administrator of the Estate of George H. Foley, Deceased, Francis I. duPONT & Co., a New York Limited Partnership, and Florida National Bank at Coral Gables, a National Banking Institution, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied October 31, 1967.

Attorney(s) appearing for the Case

Joseph M. Fitzgerald and Thomas A. Horkan, Jr., Miami, for appellant.

Fowler, White, Collins, Gillen, Humkey & Trenam and Richard S. Banick, Fogle & Fordham, Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, for appellees.

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

CHARLES CARROLL, Chief Judge.

This appeal is by the plaintiff below from an order granting a motion to dismiss, filed on behalf of one of the defendants, Francis I. duPont & Co., and dismissing the amended complaint with prejudice as to that defendant. The ruling of the trial judge imports his opinion that the amended complaint did not set forth facts upon which relief could be granted against the defendant Francis I. duPont & Co. We agree, and affirm the...

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