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TALCOTT v. CENTRAL BANK AND TRUST COMPANY

No. 68-676.

220 So.2d 411 (1969)

Leroy E. TALCOTT, Jr., and Donald Andrus, Appellants, v. CENTRAL BANK AND TRUST COMPANY, a Florida Banking Corporation, As Guardian of the Property of Ellen Morgan Holl, and Bill Colson, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 9, 1969.

Attorney(s) appearing for the Case

Quarles & Mills, So. Miami, for appellants.

Pallot, Poppell, Horwich & Goodman; Michael M. Isenberg and Ronald A. Shapo, Miami, for Central Bank & Trust Co.

Podhurst & Orseck, Miami, for Bill Colson.

Before PEARSON, BARKDULL and SWANN, JJ.

SWANN, Judge.

Leroy E. Talcott, Jr. and Donald Andrus [appellants] sued the defendants below and sought a declaratory judgment.

One of the defendants filed a pleading entitled "Motion to Dismiss" and/or "Motion for Judgment" on the pleadings. The motion was based on the ground that the complaint failed to state a cause of action but contained other grounds which could be construed as jurisdictional. The other defendant filed a Motion to Dismiss based on the...

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