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.