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SMITH v. PURDY

Nos. 72-647, 72-663.

272 So.2d 545 (1973)

Donald L. SMITH et al., Appellants, v. E. Wilson PURDY et al., Appellees. John L. SCOTT and Elaine Scott, Appellants, v. E. Wilson PURDY et al., Appellees.

District Court of Appeal of Florida, Third District.

February 5, 1973.

Attorney(s) appearing for the Case

Barry L. Zisser, Kennelly & Zisser, Jacksonville, Walton & Garrick, Miami, for appellants.

Stuart L. Simon, County Atty., and R.A. Cuevas, Jr., Asst. County Atty., Hall & Hedrick, Michael D. Sikes, Miller & Russell, Jerry A. Burns, Abney & Whittling, Miami, Smith, Mandler, Smith & Parker, Miami Beach, for appellees.

Before BARKDULL, C.J., and CHARLES CARROLL and HENDRY, JJ.

CARROLL, Judge.

Prior to conducting an execution sale of certain shares of corporate stock, belonging to a judgment debtor which had been levied upon a writ of execution, the sheriff of Dade County filed this action against the several judgment creditors who had delivered writs of execution to his office, seeking a declaratory judgment to determine the priorities thereof.

The order of priority was found by the court to be as follows:

"1st. Defendant...

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