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MOSELEY v. BI-LO SUPERMARKET, INC.

No. 75-2032.

341 So.2d 222 (1976)

Alan M. MOSELEY and Earlene Moseley, His Wife, Appellants, v. BI-LO SUPERMARKET, INC., a Florida Corporation, and Fuchs Baking Company et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 12, 1977.

Attorney(s) appearing for the Case

John W. Black, Coral Gables, and Dan A. Hames, Miami, for appellants.

Horton, Perse & Ginsberg, Sandler & Sandler and Stephen A. Kress, Miami, Kravitz, Dudley & Duckworth, Hialeah, for appellees.

Before PEARSON, HAVERFIELD and NATHAN, JJ.

PER CURIAM.

Moseley, a mortgagee of real property, filed a two count complaint; count 1 was against Bi-Lo Supermarket as mortgagor to foreclose the mortgage. This count was settled prior to the trial. Count 2 was against the appellee here, Fuchs Baking Company. The complaint alleged that Fuchs had secured a judgment against one Cecil Criswell, doing business as Bi-Lo Supermarket, and that pursuant to execution upon said judgment, the defendant Fuchs

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