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BERKAN v. BROWN

No. 69-909.

231 So.2d 871 (1970)

Joe K. BERKAN, Appellant, v. Aaron BROWN, Nathan Katz, Florence Weisberg, and Samuel Kaye, Appellees.

District Court of Appeal of Florida, Third District.

February 24, 1970.

Attorney(s) appearing for the Case

Joseph Pardo, Miami, for appellant.

Daniel Neal Heller, Brian R. Hersh, Miami, for appellees.

Before PEARSON, C.J., and BARKDULL and HENDRY, JJ.

ON MOTION

PEARSON, Chief Judge.

The appellees have moved to dismiss this appeal upon the grounds that the order appealed from (a) is an interlocutory order in an action formerly cognizable in law and (b) is not one from which an interlocutory appeal is allowed by Rule 4.2, F.A.R., 32 F.S.A. The difficulty arises from the fact that the order is final as to one appellee and interlocutory as to the others. We hold...

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