BERKAN v. BROWN

No. 69-909.

242 So.2d 207 (1970)

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

District Court of Appeal of Florida, Third District.

Rehearing Denied December 18, 1970.


Attorney(s) appearing for the Case

Joseph Pardo, Miami, for appellant.

Daniel Neal Heller, Miami, for appellees.

Before CHARLES CARROLL, BARKDULL and HENDRY, JJ.


HENDRY, Judge.

The primary question on appeal is whether the trial court was correct in granting summary judgment against a counter plaintiff alleging conspiracy in the commission of a civil wrong.

Plaintiff-appellees (Brown, Katz and Weisberg) and defendant-appellant (Berkan) operated Dubrow's Cafeteria. In September, 1965, the parties sold their interest in the cafeteria, as a result of which each became tenants in common of 25% interest in notes secured...

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