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TRUEBA v. PERSHING INDUSTRIES, INC.

No. 78-1767.

374 So.2d 47 (1979)

Homero TRUEBA, Omar Trueba, and Orlando Trueba, Brothers and Next of Kin and Sons of Gerardo Ramon Trueba, Appellants, v. PERSHING INDUSTRIES, INC., D/B/a Vista Memorial Gardens, and Edward Pawley, Richard Clark, and John Gonzalez, Jointly and Severally As Tort Feasors, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 5, 1979.

Attorney(s) appearing for the Case

Grable & Dieguez and Anthony Dieguez, Hialeah, for appellants.

R.G. Maxwell, Miami Springs, Taylor, Brion, Buker & Greene and Arnaldo Velez, Miami, for appellees.

Before HENDRY, BARKDULL and KEHOE, JJ.

BARKDULL, Judge.

The Trueba brothers appeal the trial court's order granting a motion for a judgment on the pleadings and dismissing their complaint with prejudice.

By their second amended complaint, the Truebas alleged that they were brothers, and sons of Gerardo Ramon Trueba who died in 1976. The complaint sought a court order for the disinterment of their father's body and damages for emotional distress, alleging that Vista Memorial Gardens had sold them...

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