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MANDELL v. FORTENBERRY

No. 42891.

290 So.2d 3 (1974)

Lester N. MANDELL et al., Petitioners, v. C. R. FORTENBERRY et al., Respondents.

Supreme Court of Florida.

Rehearing Denied March 11, 1974.

Attorney(s) appearing for the Case

John M. Robertson of Robertson, Williams & Duane, Orlando, for petitioners.

William E. Weller of Rose & Weller, Cocoa Beach, and Walter C. Shepard of Shepard, Shepard & Minot, Cocoa, for respondents.

BOYD, Justice.

This cause is before us on petition for writ of certiorari to review the decision of the District Court of Appeal, Fourth District, reported at 271 So.2d 170.

The facts, as found by the District Court, are as follows:

"This is an appeal from a final judgment of the Circuit Court for Orange County, Florida, in a case tried without a jury. On 26 November 1968 the plaintiffs filed an amended complaint...

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