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BARTH v. CLEVETRUST REALTY INVESTORS

No. 76-1658.

349 So.2d 701 (1977)

The BARTH CORPORATION, Appellant, v. CLEVETRUST REALTY INVESTORS et al., Appellees.

District Court of Appeal of Florida, Fourth District.

August 16, 1977.

Attorney(s) appearing for the Case

Steven R. Reininger, of Tew, Tew & Murray, Miami, for appellant.

Maurice M. Garcia, of Abrams, Anton, Robbins, Resnick & Schneider, Hollywood, for appellees.

PER CURIAM.

We have considered the appellate points presented in the briefs and find that appellant has failed to demonstrate reversible error.

Although the order appealed from provides that "the second amended counterclaim is dismissed with prejudice" counsel have agreed the order was intended to dismiss only Count III of the counterclaim and strike only the affirmative defense asserting usury.

Accordingly, the order appealed from is treated as dismissing...

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