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BOARD OF PUBLIC INSTRUCTION OF DADE CTY. v. DINKINES

No. 72-636.

278 So.2d 663 (1973)

The BOARD OF PUBLIC INSTRUCTION OF DADE COUNTY, Florida, a Body Corporate and Politic under the Laws of the State of Florida, Appellant, v. Wesley DINKINES and Rose Dinkines, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

June 12, 1973.

Attorney(s) appearing for the Case

Frank A. Howard, Jr., and Phyllis O. Douglas, Miami, for appellant.

John E. Kirk, and Drummond Paul, Jr., Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and CHARLES A. CARROLL, JJ.

PEARSON, Judge.

This is an interlocutory appeal from an order entered after final judgment in a proceeding in eminent domain. The order appealed is in pertinent portion as follows:

"THIS CAUSE coming on to be heard before me on petitioner's motion to strike or dismiss defendants' sworn petition to set aside final judgment and verdict incorporated therein, for actual and legal fraud on the above-styled court and on the defendants, and the Court considering...

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