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IN RE ESTATE OF MARDEN

No. 76-1529.

355 So.2d 121 (1978)

In re ESTATE OF Ben MARDEN, Deceased. Alma DuPuy MARDEN, Appellant, v. Gertrude BACON, Jay Marden and Jon Marden, As the Personal Representatives of the Estate of Ben Marden, Deceased, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 6, 1978.

Attorney(s) appearing for the Case

Dale & Stevens, Fort Lauderdale, Heller & Kaplan, Miami, for appellant.

Ferrero, Middlebrooks & Houston, Fort Lauderdale, Frates, Floyd, Pearson, Stewart, Richman & Greer, Miami, for appellees.

Before HAVERFIELD, C.J., and HENDRY, J., and DREW, E. HARRIS (Ret.), Associate Judge.

DREW, E. HARRIS, Associate Judge.

The controversy between Ben Marden and Alma DuPuy (Marden) (hereafter referred to as Ben and Alma) began shortly before Alma sued Ben in January of 1971 seeking alimony on the basis of an alleged common law marriage between them. A summary final judgment in favor of Ben was the subject of an appeal and resulted in a decision of the District Court1 that "there are substantial conflicts in the evidence and...

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