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MILLS v. BALL

No. II-50.

359 So.2d 1208 (1978)

William B. MILLS, As Trustee under the Last Will and Testament and Codicils Thereto of Alfred I. duPONT, Deceased, Appellant, v. Edward BALL, J.C. Belin, T.S. Coldewey, Alfred duPONT Dent, W.L. Thornton, Florida First National Bank of Jacksonville, As Trustees under the Last Will and Testament and Codicils Thereto of Alfred I. duPONT, Deceased, T. Edward Austin, Jr., State Attorney in and for the Fourth Judicial Circuit of the State of Florida and the Nemours Foundation, a Corporation Organized under the Laws of Florida, Appellees.

District Court of Appeal of Florida, First District.

June 30, 1978.

Attorney(s) appearing for the Case

John H. Wilbur and Christine Rieger Milton, of Milam & Wilbur, Jacksonville, for appellant.

Claude Ogilvie, Jacksonville, for appellee, The Nemours Foundation.

PER CURIAM.

This is an interlocutory appeal from an order of the trial court denying a motion of appellant, William B. Mills (a defendant below) to dismiss and to strike a cross-claim filed by appellee, The Nemours Foundation, (a defendant below) and treating the cross-claim as affirmative defenses. This is a declaratory judgment action which was brought by Edward Ball and other trustees under the Last Will and Testament and Codicils of Alfred I. duPont, deceased...

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