Berger v. Contino

District Court of Appeal of Florida

Berger v. Contino

800 So. 2d 288, 2001 Fla. App. LEXIS 14715, 2001 WL 1230580

District Court of Appeal of Florida·Decided October 17, 2001·No. No. 3D00-3337·Published

Opinion

PER CURIAM.

Appellant Terry Abrams Berger, as successor personal representative of the Estate of Charles Contino, appeals an adverse order granting appellee Bank of America’s motion to dismiss for failure to state a cause of action. We find the complaint sufficiently stated causes of action for negligence and statutory conversion, and thus it was error for the trial court to grant the motion to dismiss. See Kond v. Mudryk, 769 So.2d 1073 (Fla. 4th DCA 2000); Miller v. Foster, 686 So.2d 783 (Fla. 4th DCA 1997); Harris v. Lewis State Bank, 482 So.2d 1378 (Fla. 1st DCA 1986). Accordingly, the order below is reversed.

Reversed.

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PER CURIAM.

Appellant Terry Abrams Berger, as successor personal representative of the Estate of Charles Contino, appeals an adverse order granting appellee Bank of America’s motion to dismiss for failure to state a cause of action. We find the complaint sufficiently stated causes of action for negligence and statutory conversion, and thus it was error for the trial court to grant the motion to dismiss. See Kond v. Mudryk, 769 So.2d 1073 (Fla. 4th DCA 2000); Miller v. Foster, 686 So.2d 783 (Fla. 4th DCA 1997); Harris v. Lewis State Bank, 482 So.2d 1378 (Fla. 1st DCA 1986). Accordingly, the order below is reversed.

Reversed.

Berger v. Contino, 800 So. 2d 288, 2001 Fla. App. LEXIS 14715, 2001 WL 1230580 (Fla. Ct. App. 2001).

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