FLA. NAT'L. BLDG. CORP. v. MIAMI BEACH 1ST BANK

PER CURIAM:

The decree of this court in the above cause contemplates that such decree shall be without prejudice to the right of the appellee bank to institute a suit for an accounting as trustee as may be appropriate, the proceeding being for a declaratory decree under the statute.

Petition for recall of mandate and for amendment of judgment denied.

WHITFIELD, TERRELL, BUFORD, CHAPMAN, THOMAS and ADAMS, JJ., concur.

BROWN, C. J., dissents:

BROWN, C. J., dissenting:

I think our former judgment of reversal with direction to dismiss the bill, so that appellee may have the accounting prayed for in the bill in this same case — All the parties are before the court in this case, and the matter could be speedily handled and concluded and the former trustee accorded a judicial settlement of its trust involving numerous bondholders — I think the motions should be granted.