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CARBERRY v. FOLEY

Nos. 67-1030, 67-1061.

213 So.2d 635 (1968)

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; Florida National Bank at Coral Gables, a National Banking Institution; and John D. Connor, As Administrator of the Estate of George H. Foley, Deceased, Appellees. John J. CARBERRY, As Bishop of the Diocese of Columbus, Ohio, a Corporation Sole; and Joseph Gibson Foley, Appellants, v. FLORIDA NATIONAL BANK AND TRUST COMPANY AT MIAMI, a National Banking Institution; Florida National Bank at Coral Gables, a National Banking Institution; and John D. Connor, As Administrator of the Estate of George H. Foley, Deceased, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied September 18, 1968.

Attorney(s) appearing for the Case

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

Fogle & Fordham and Lewis H. Fogle, Jr., Miami, for appellant and appellee Foley.

Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell and Joseph F. Jennings, Miami, for appellee Florida Nat. Bank.

Williams, Salomon & Kenney and Richard P. Kenney, Miami, for appellee Connor.

Before BARKDULL, HENDRY and SWANN, JJ.

PER CURIAM.

This is the third appearance of this cause in this court. See our prior opinion in Carberry v. Foley, Fla.App. 1967, 203 So.2d 214, in which the complaint seeking to establish a constructive trust and an accounting is analyzed and the dismissal of one of the original defendants is approved. Also see Carberry v. Foley, Fla.App. 1968, 206 So.2d 425, wherein this court recognized the...

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