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Kirk v. Fossey

District Court of Appeal of Florida, First District
Jun 3, 1971
246 So. 2d 123 (Fla. Dist. Ct. App. 1971)

Opinion

No. N-93.

December 10, 1970. Rehearing Denied June 3, 1971.

Interlocutory Appeal from Circuit Court, Leon County; Hugh M. Taylor, Judge.

Ausley, Ausley, McMullen, McGehee Carothers, Tallahassee, for appellants.

Joseph C. Jacobs and E.C. Deeno Kitchen, of Ervin, Pennington, Varn Jacobs, Parker, Foster Madigan, Tallahassee, and William C. Martin, Coral Gables, for appellees.

Stewart J. Carrouth, Asst. U.S. Atty., S. Billingsley Hill and John E. Lindskold, Attys., Dept. of Justice, and Richard J. Gardner, Quincy, amicus curiae.


This cause involves an interlocutory appeal by the Trustees of the Internal Improvement Trust Fund from an order denying their motion to dismiss the modified complaint. After review of the trial judge's order, we have determined that there are justiciable issues to be resolved. Therefore, the interlocutory appeal is dismissed.

JOHNSON, C.J., and RAWLS and SPECTOR, JJ., concur.


Summaries of

Kirk v. Fossey

District Court of Appeal of Florida, First District
Jun 3, 1971
246 So. 2d 123 (Fla. Dist. Ct. App. 1971)
Case details for

Kirk v. Fossey

Case Details

Full title:CLAUDE R. KIRK, JR., AS GOVERNOR OF FLORIDA, FRED O. DICKINSON, AS…

Court:District Court of Appeal of Florida, First District

Date published: Jun 3, 1971

Citations

246 So. 2d 123 (Fla. Dist. Ct. App. 1971)