HERRON v. DASTIC

No. 97-2769.

718 So.2d 257 (1998)

Charles W. HERRON and Bessie Lora Herron, Appellants, v. Frank T. DASTIC and Donna G. Dastic, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

August 28, 1998.


Attorney(s) appearing for the Case

Astrid De Parry, Deland, for Appellants.

William L. Ross, Jr., New Smyrna Beach, for Appellees.


PER CURIAM.

We initially accepted jurisdiction of the appeal from the partial summary judgment dismissing appellant's counterclaim in this quiet title action, but on further consideration we conclude that the appeal is premature. Here, each party attempts to quiet title to the same parcel of property. Appellants' affirmative defenses to appellees' complaint are the same as the allegations of the counterclaim and the cloud on title alleged in the complaint is based...

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