VANSTONE v. WHITELAW

No. 35153.

196 So.2d 425 (1967)

E.W. VANSTONE and Greta Rae Vanstone, His Wife, Appellants, v. R. Bruce WHITELAW and Katherine Whitelaw, His Wife, David C. Lake and Carole C. Lake, His Wife, and Carl E. Grimes and Joan Grimes, His Wife, Appellees.

Supreme Court of Florida.

Rehearing Denied April 5, 1967.


Attorney(s) appearing for the Case

Carl A. Hiaasen, of McCune, Hiaasen, Crum & Ferris, Fort Lauderdale, for appellants.

Marshall G. Curran, Jr., of English, McCaughan & O'Bryan, Fort Landerdale, for appellees.


DREW, Justice.

This is an appeal from an order of the circuit court denying a motion for summary judgment based on constitutional grounds which appellants, defendants below, filed with their answer to the complaint.

The action was, in effect, one for abatement of a nuisance on real property located in this State.1 The prayer of the complaint was in the alternative, seeking receivership in the event the defendants, nonresident owners...

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