MAIDEN v. CARTER

No. M-127.

234 So.2d 168 (1970)

Don R. MAIDEN, Jr., As the Executor of the Estate of Sara Howarth Maiden, M.D., Deceased, and Don R. Maiden, Jr., and William S. Maiden, Individually, Appellants, v. Catherine H. CARTER, Mary S. Howarth, Trustee of the Howarth Trust, et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied May 15, 1970.


Attorney(s) appearing for the Case

R. Diane Burlingham (Bennett), DeLand, for appellants.

Sidney H. Taylor, DeLand, and W.J. Gardiner, Daytona Beach, for appellees.


WIGGINTON, Judge.

Appellants, who were third-party plaintiffs in the trial court, seek review of a final judgment dismissing with prejudice their amended third-party complaint brought against appellee, Mary S.H. Parker. The complaint was dismissed on the ground that it fails to state a cause of action.

This proceeding involves the estate of Casper Howarth who died testate in Volusia County on March 14, 1933, by whose will his wife, Mary S. Howarth, was named...

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