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HOME FEDERAL SAV. & L. ASS'N OF HOLLYWOOD v. EMILE

No. 36950.

216 So.2d 443 (1968)

HOME FEDERAL SAVINGS AND LOAN ASSOCIATION OF HOLLYWOOD, a Federal Savings and Loan Association, Petitioner, v. Mary E. EMILE, Individually, and John T. Bond, As Co-Trustee for Mary E. Emile, Respondents.

Supreme Court of Florida.

December 3, 1968.

Attorney(s) appearing for the Case

Paul B. Anton, of Abrams, Anton, Robbins & Resnick, Hollywood, Sam O'Bryan, of English, McCaughan & O'Bryan, Fort Lauderdale, Charles S. Ausley and E. Martin McGehee of Ausley, Ausley, McMullen, Michaels, McGehee & Carothers, Tallahassee, for petitioner.

Donald J. Lunny of Sutton, James, Bielejeski & Lunny, Fort Lauderdale, for respondents.

ROBERTS, Justice.

This cause is before the court on petition for certiorari to review the decision of the District Court of Appeal, Fourth District, in Emile et al. v. Bright et al., Fla. App. 1967, 203 So.2d 328. Because of an apparent conflict with decisions respecting the right of a party litigant to have an adjudication of his defense of estoppel prior to the entry of summary judgment, see Macina v. Magurno, Fla. 1958,

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