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OVERSTREET v. BARNARD

No. 74-394.

303 So.2d 408 (1974)

Dennis S. OVERSTREET and Clara Overstreet, Individually and As Husband and Wife, Appellants, v. C. O. BARNARD et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 11, 1974.

Attorney(s) appearing for the Case

K. Neil Glassford, Miami, for appellants.

Louis Winter, Miami, for appellees.

Before BARKDULL, C.J., and PEARSON and HENDRY, JJ.

PER CURIAM.

In a prior declaratory judgment action, the appellants [as plaintiffs] suffered a dismissal with prejudice. This dismissal was the subject matter of a prior appeal in this court, found in Barnard v. Overstreet, Fla.App. 1972, 259 So.2d 517. In the concluding portion of said opinion, the following language is found:

"From the wording of the motion to set aside the prior order of dismissal it appears that plaintiffs...

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