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INSTITUTO v. CUBAN AM. NAT. FOUNDATION

No. 95-2511.

667 So.2d 490 (1996)

INSTITUTO PATRIOTICO Y DOCENTE SAN CARLOS, INC., a Florida, corporation not for profit, Appellant, v. CUBAN AMERICAN NATIONAL FOUNDATION, a Florida corporation not for profit, Intervenor/Appellee, and Alfredo Perez, constituting Instituto Patriotico Y Docente San Carlos, an unincorporated association, Appellee.

District Court of Appeal of Florida, Third District.

February 7, 1996.

Attorney(s) appearing for the Case

Warren P. Gammill, Miami, for appellant.

Kelley, Drye & Warren and Ignacio Sanchez; Miami, Alfredo Perez, for appellees.

Before JORGENSON, GERSTEN and GREEN, JJ.

GREEN, Judge.

Appellant Instituto Patriotico Y Ducente San Carlos, Inc. ("Instituto"), defendant below, appeals certain adverse findings and conclusions made by the trial court in a final summary judgment for declaratory relief. Although the summary judgment was entered in favor of the Instituto, and no party to this action has challenged the same on this appeal, the Instituto complains that the trial court sua sponte...

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