Berger v. Contino
This text of 800 So. 2d 288 (Berger v. Contino) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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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Cite This Page — Counsel Stack
800 So. 2d 288, 2001 Fla. App. LEXIS 14715, 2001 WL 1230580, Counsel Stack Legal Research, https://law.counselstack.com/opinion/berger-v-contino-fladistctapp-2001.