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CARBERRY v. FOLEY

No. 36972.

213 So.2d 873 (1968)

John J. CARBERRY, As Bishop of the Diocese of Columbus, Ohio, a Corporation Sole, Petitioner, 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, Respondents.

Supreme Court of Florida.

Rehearing Denied October 3, 1968.

Attorney(s) appearing for the Case

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

Richard S. Banick and Fowler, White, Collins, Gillen, Humkey & Trenam, Miami, for respondents.

ERVIN, Justice.

This is a conflict certiorari review of the decision of the District Court of Appeal, Third District, in Carberry v. Foley, 203 So.2d 214.

The petition for writ of certiorari alleges:

That plaintiff-petitioner, John J. Carberry, as Bishop of the Diocese of Columbus, Ohio, is a corporation sole and is the owner of all property and assets of the Diocese of Columbus, Ohio, including the property and...

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