
    Philip KATZ, Appellant, v. Roslyn KATZ, individually and as Administratrix of the Estate of David Allan Katz, Appellee.
    No. 61-101.
    District Court of Appeal of Florida. Third District.
    July 17, 1961.
    Rehearing Denied Sept. 6, 1961.
    Myers, Heiman & Kaplan, Miami, for appellant.
    Claude Pepper Law Offices and Albert E. Harum, Miami, for appellee.
    Before PEARSON, TILLMAN, C. J., and HORTON, and CARROLL, JJ.
   PER CURIAM.

The appellant assigns as error the failure of the chancellor to dismiss the complaint in equity, alleging fraud of the defendant. It is urged that certain defenses appear as a matter of law from the complaint. Without passing upon the sufficiency of the defenses, we hold that error has not been demonstrated on the court’s failure to dismiss the complaint.

Affirmed.  