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MUSSELWHITE v. RAIMEY

No. DD-139.

348 So.2d 330 (1977)

Benton MUSSELWHITE et al., Appellants, v. Donald C. RAIMEY et al., Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied August 18, 1977.

Attorney(s) appearing for the Case

Ernest W. Welch, Welch, Hilton, Bennett, Logue & Burke, Panama City, for appellants.

D. Michael Chesser, Selby & Chesser, James W. Middleton, Fort Walton Beach, for appellees.

PER CURIAM.

Affirmed.

BOYER, C.J., and McCORD, J., concur.

RAWLS, J., dissents.

RAWLS, Judge (dissenting).

The sole question presented by this interlocutory appeal as framed by appellants is:

Where more than one year passed after recording of lis pendens; and the initial pleading does not show that action is founded on a duly recorded instrument or a mechanic's lien; and no fraud, misrepresentation, mistake or insolvency of...

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