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GRIES INV. CO. v. CHELTON

No. 79-2114.

388 So.2d 1281 (1980)

GRIES INVESTMENT COMPANY, Appellant, v. Robert G. CHELTON, Appellee.

District Court of Appeal of Florida, Third District.

September 30, 1980.

Attorney(s) appearing for the Case

Shapiro & Leder and Paul D. Breitner, Miami, for appellant.

Charles F. Atwood, III, Miami, for appellee.

Before HUBBART, BASKIN and PEARSON, DANIEL, JJ.

DANIEL S. PEARSON, Judge.

Gries Investment Company sued Chelton and Marietta International Corporation. In February 1979, the trial court granted Chelton's motion to dismiss the complaint for its failure to state a cause of action. The court's order further provided:

"... that the Complaint filed by Plaintiff herein be and the same is hereby dismissed, as to the Defendant, Robert G. Chelton, individually."

In August 1979, Gries moved for leave to...

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