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CITY OF PINELLAS PARK v. MATTHEWS

No. 77-1730.

355 So.2d 475 (1978)

CITY OF PINELLAS PARK, Appellant, v. Ray MATTHEWS and Gloria A. Matthews, His Wife, Appellees.

District Court of Appeal of Florida, Second District.

February 22, 1978.

Attorney(s) appearing for the Case

Edward D. Foreman, Jeffrey L. Myers and Thomas E. Reynolds of Foreman & Myers, St. Petersburg, for appellant.

Brian E. Johnson, Clearwater, and Carleton L. Weidemeyer of Wightman, Weidemeyer, Jones, Turnbull & Cobb, Clearwater, for appellees.

GRIMES, Judge.

This is an interlocutory appeal from an order denying a motion to dismiss a complaint for declaratory judgment.

According to the complaint Mr. and Mrs. Curley gave a deed to the City of Pinellas Park in 1958 which contained the following description:

The north 15 feet and the east 15 feet of Farm B, north of ditch # 2, Pinellas Farms, Section 32-30-S-16-E for street purposes only.

The appellees alleged that in 1970 they acquired...

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