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PHILLIPS v. CHOATE

No. 83-1679.

456 So.2d 556 (1984)

Herbert R. PHILLIPS and Annette H. Phillips, Appellants, v. Arthur B. CHOATE, Appellee.

District Court of Appeal of Florida, Fourth District.

September 26, 1984.

Attorney(s) appearing for the Case

Philip E. Morgaman of Morgaman & Camillo, Fort Lauderdale, for appellants.

Cromwell A. Anderson of Patton & Kanner, Miami, for appellee.

DOWNEY, Judge.

Herbert R. Phillips and Annette H. Phillips, plaintiffs in an action for declaration of a constructive or express trust on the proceeds from the sale of a parcel of real property, appeal from a summary judgment for Arthur B. Choate on their complaint, based on their failure to join an indispensable party, Mark S. Phillips.

This litigation began on August 17, 1982, when a complaint naming Herbert R. Phillips, Annette H. Phillips, and Mark S....

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