FISCHBEIN v. DAVID JENKINS ASSOCIATES, INC.

No. 71-38.

256 So.2d 85 (1971)

Edward FISCHBEIN, Appellant, v. DAVID JENKINS ASSOCIATES, INC., a Florida Corporation, and David Jenkins, Individually, Appellees.

District Court of Appeal of Florida, Third District.

December 7, 1971.


Attorney(s) appearing for the Case

Milton E. Grusmark, Miami Beach, Natalie Baskin, Coral Gables, for appellant.

Kneale, Roberts, Kneale, Starkweather & Henderson, Miami, for appellee.

Before PEARSON, CHARLES CARROLL and HENDRY, JJ.


PEARSON, Judge.

Edward Fischbein, who is the appellant here, was the plaintiff in the trial court. He brought an independent action to be relieved from a prior judgment. The judgment appealed dismissed appellant's amended complaint with prejudice pursuant to motion of the appellee. The language of appellant's original complaint and, to some extent, of the amended complaint, is somewhat misleading in that each complaint is entitled, "An action for Damages." Nevertheless...

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