NICHOLAS v. MIAMI BURGLAR ALARM CO., INC.

No. 74-55.

297 So.2d 49 (1974)

J.K. NICHOLAS, Individually and d/b/a J.K. Nicholas & Co., Appellants, v. MIAMI BURGLAR ALARM CO., INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 18, 1974.


Attorney(s) appearing for the Case

Leo M. Alpert and Jonathan L. Alpert, Miami, for appellants.

Robert C. Lane, Miami, for appellee.

Before PEARSON, CARROLL and HAVERFIELD, JJ.


PEARSON, Judge.

This is the second appearance of this cause before this court. The plaintiff is appellant here as he was in the first appearance. See Nicholas v. Miami Burgler Alarm Co., Fla.App. 1972, 266 So.2d 64. The first appeal was from a judgment sustaining appellee's motion to dismiss all four counts of appellant's complaint. We remanded the cause with the following directions:

"Therefore, based on the foregoing...

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