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MILLS v. BALL

No. II-19.

358 So.2d 556 (1978)

William B. MILLS As Trustee under the Last Will and Testament and Codicils Thereto of Alfred I. duPONT, Deceased, Appellant, v. Edward BALL et al., As Trustees under the Last Will and Testament and Codicils Thereto of Alfred I. duPONT, Deceased, T. Edward Austin, Jr., State Attorney, Etc., and the Nemours Foundation, Etc., Appellees.

District Court of Appeal of Florida, First District.

February 22, 1978.

Attorney(s) appearing for the Case

John H. Wilbur, of Milam & Wilbur, Jacksonville, for appellant.

William L. Durden and Fred H. Kent, of Kent, Sears, Durden & Kent, F.J. Tassone, Jr., E. Earle Zehmer, of Bedell, Bedell, Dittmar & Zehmer, and A. August Quesada, Jr., of Wildt, Quesada, Brock & Skinner, Jacksonville, for appellees.

PER CURIAM.

Appellant Mills takes this timely interlocutory appeal to review the order of the trial court which granted appellees' motion to strike appellant's amended affirmative defenses to the Supplemental Petition of appellees, plaintiffs below. We affirm, for the reason that the issues sought to be raised by such affirmative defenses are tendered by the appellees in their Supplemental Petition in the trial court and joined therein by appellant by his answer thereto...

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