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COWNE v. WEBER

No. 70-1073.

257 So.2d 105 (1972)

John E. COWNE, Jr., et al., Appellants, v. James E. WEBER, As Administrator Ad Litem of the Estate of Robert R. Snodgrass, Deceased, and Mildred R. Snodgrass, Individually and As Administratrix of the Estate of Robert R. Snodgrass, Deceased, Appellees.

District Court of Appeal of Florida, Fourth District.

January 21, 1972.

Attorney(s) appearing for the Case

Kenneth F. Claussen, of Dixon, Bradford, Williams, McKay & Kimbrell, Miami, for appellants.

Douglas Fulton, and James E. Weber, of Burns & Weber, West Palm Beach, for appellee Weber.

John M. Farrell, of Burns, Middleton, Farrell & Faust, Palm Beach, for appellee Mildred R. Snodgrass.

WALDEN, Judge.

The trial court correctly dismissed plaintiffs' complaint for declaratory judgment because of its failure to allege facts reflecting a justiciable controversy. Miller v. Miller, Fla.App. 1963, 151 So.2d 869; Hialeah Race Course, Inc. v. Gulfstream Park Racing Association, Inc., Fla.App. 1968, 210 So.2d 750. However, the trial court went on in the appealed final judgment to opine...

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