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FIDELITY-PHILADELPHIA TRUST COMPANY v. BALL

No. 67-747.

208 So.2d 282 (1968)

FIDELITY-PHILADELPHIA TRUST COMPANY and C.M. Johnson, Co-Trustees under Deed of Trust of L.G. Ball Dated 18 December, 1943, Appellants, v. L.G. BALL, Clifford H. Ball, and Walter F. Novak, Guardian Ad Litem for Clifford Ball and Freddie Ball, Minors, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 8, 1968.

Attorney(s) appearing for the Case

Horton & Schwartz, Miami, Roy L. Struble, Miami Beach, for appellants.

Fowler, White, Collins, Gillen, Humkey & Trenam and James S. Roth, Koppen & Watkins, Miami, for appellees.

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

PEARSON, Judge.

The appellants, as trustees under a deed of trust, sued L.G. Ball and Clifford H. Ball, who are residents of Dade County, Florida, to recover upon an alleged guarantee of payment of a defaulted promissory note. Clifford H. Ball, as next friend and father of Clifford Ball and Freddie Ball, minors, filed a petition in the cause setting forth that the minors are the beneficiaries of the deed of trust and praying for the right of his minor sons to intervene...

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