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STAIGER v. GREB

No. 57-23.

97 So.2d 494 (1957)

Elsie STAIGER, as Executrix of the Estate of Olga Winkler, deceased, Appellant, v. Nat J. GREB and Bessie Bloomberg, Appellees.

District Court of Appeal of Florida. Third District.

Rehearing Denied November 6, 1957.

Attorney(s) appearing for the Case

Edward Walterman and Richard Touby, Miami, for appellant.

M.H. Rosenhouse and David Rosenhouse, Miami, for appellees.

PEARSON, Judge.

This appeal is from a final decree dismissing an amended complaint for failure to state a cause of action within the cognizance of a court of equity. The decree dismissed the cause but without prejudice to any right the plaintiff might have to prosecute an action or actions at law in a court of competent jurisdiction. The decree is reversed, insofar as it dismissed the cause with directions to proceed under Rule 1.39(a), Florida Rules of Civil Procedure...

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