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JORDAN v. FINLAY

No. 78-1630.

370 So.2d 431 (1979)

Michael H. JORDAN, Appellant, v. Tom FINLAY, D/B/a Tom Finlay's Custom Automotive, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied May 25, 1979.

Attorney(s) appearing for the Case

Rash, Katzen & Kay and H. Stephen Rash, South Miami, for appellant.

Mills, Hodin & London and Alan J. Hodin, Miami, for appellee.

Before PEARSON, HENDRY and HUBBART, JJ.

PER CURIAM.

Appellant filed a counterclaim for conversion of an automobile in connection with a suit in the nature of interpleader filed by appellee. Appellant was granted summary judgment on the complaint in the nature of interpleader. Appellant's counterclaim for conversion was set for trial. A jury was empaneled and sworn. However, the trial judge voluntarily dismissed the counterclaim, without prejudice, on the ground that it was an improper adjunct to an interpleader...

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