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DEWITT v. U.S. TITLE COMPANY

No. AD-301.

407 So.2d 385 (1981)

William R. DEWITT, III, and Bertha L. Dewitt, His Wife, Appellants, v. U.S. TITLE COMPANY OF JACKSONVILLE, Etc. et al., Appellees.

District Court of Appeal of Florida, First District.

December 18, 1981.

Attorney(s) appearing for the Case

Peter J. Kellogg and Jonathan S. Grout, of Grissett, Humphries & Kellogg, Jacksonville, for appellants.

Nick V. Pulignano, Jr., and Delbridge L. Gibbs, of Marks, Gray, Conroy & Gibbs, Jacksonville, for appellees.

ROBERT P. SMITH, Jr., Chief Judge.

There is no error in the trial court's dismissal with prejudice of Counts I and II of plaintiffs' second amended complaint. Count III, however, marginally states a cause of action by alleging that continuing the transaction described by other incorporated allegations, plaintiffs' attorney on February 28, 1978, requested defendant U.S. Title to determine and report the existence of record covenants or restrictions governing construction...

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