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NATIONAL SHAWMUT BANK OF BOSTON v. WOODARD

No. 68-757.

220 So.2d 636 (1969)

The NATIONAL SHAWMUT BANK OF BOSTON, a United States Banking Corporation, As Executor under the Last Will and Testament of Russell T. Hamlet, Deceased, Appellant, v. Patricia WOODARD, a Single Woman, Appellee.

District Court of Appeal of Florida. Third District.

Rehearing Denied April 15, 1969.

Attorney(s) appearing for the Case

Spence & Spence, Miami, for appellant.

Kurtz & Cooper, Miami, for appellee.

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

PER CURIAM.

On January 16, 1967, appellant filed a complaint in the circuit court of Dade County to establish a resulting trust. The appellee, the defendant below, moved to dismiss for failure to state a cause of action and on other grounds. The motion was granted, with leave to amend within 15 days. An amended complaint was timely filed. On January 9, 1968, a motion of the defendant to dismiss the amended complaint was granted. That order allowed plaintiff to further...

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