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CITY NAT. BANK OF MIAMI v. SIMMONS

No. 77-310.

351 So.2d 1109 (1977)

CITY NATIONAL BANK OF MIAMI, As Trustee, Appellant, v. Eugene SIMMONS and Mary Simmons, His Wife, and Howard E. Simmons and Margie B. Simmons, His Wife, Appellees.

District Court of Appeal of Florida, Fourth District.

November 9, 1977.

Attorney(s) appearing for the Case

H.C. Feige, of Patterson, Maloney & Shankweiler, Fort Lauderdale, for appellant.

Frank M. Townsend, Kissimmee, for appellees.

DOWNEY, Judge.

Appellees sued appellant to foreclose a mortgage on realty in Osceola County, Florida, the legal title to which is held by appellant as trustee under an unrecorded Land Trust Agreement. Appellant moved to dismiss appellees' complaint on the ground among others, that the complaint failed to join the trust beneficiaries who were alleged to be indispensable parties to the suit. This motion was denied. It is appellant's contention that Fla.R.Civ.P. Rule...

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