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SUNSHINE KITCHENS, INC. v. MALLIN

Nos. 79-969, 79-1735.

388 So.2d 1260 (1980)

SUNSHINE KITCHENS, INC., Appellant, v. Joel MALLIN, Mark Kay, American Home Assurance Company, Gulf Insurance Company and Lawrence Suslow, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 5, 1980.

Attorney(s) appearing for the Case

Bailey & Dawes and Guy B. Bailey, Jr., Miami, for appellant.

Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy and Richard A. Sherman, Fowler, White, Burnett, Hurley, Banick & Strickroot and Michael J. Cappucio, Carey, Dwyer, Cole, Selwood & Bernard and Steven R. Berger, Miami, for appellees.

Before HENDRY, HUBBART and DANIEL S. PEARSON, JJ.

PER CURIAM.

The final summary judgment under review is affirmed upon a holding that there are no triable claims on this record for legal malpractice and other related actions because (a) the sole genuine issue of material fact argued by the plaintiff in the court below [namely, whether the defendants obtained a self-amortizing lease for the plaintiff as requested] was not raised by the plaintiff's operative complaint as amended, was not sought to be raised by any...

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