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LAWYERS' TIT. GUAR. FUND v. KOCH

Nos. 80-104, 80-389.

397 So.2d 455 (1981)

The LAWYERS' TITLE GUARANTY FUND, a Business Trust, Etc., et al., Appellants/Cross-Appellees, v. William F. KOCH, Jr., Mary Lou Koch, William F. Koch, Jr., Inc., a Florida Corporation, P. Jack Harrah and Margaret Harrah, Appellees/Cross-Appellants, v. James L. LEAVITT, As Trustee et al., Appellees. The LAWYERS' TITLE GUARANTY FUND, a Business Trust, Etc., et al., Appellants, v. James L. LEAVITT, As Trustee, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

April 29, 1981.

Attorney(s) appearing for the Case

Arnold R. Ginsberg of Horton, Perse & Ginsberg, and Carl L. Laks, Miami, for appellants/cross-appellees.

MacMillan, Newett, Adams, Strawn, Stanley & Botos, Delray Beach, and Larry Klein, West Palm Beach, for appellees/cross-appellants — Koch, Jr., Koch, Koch, Jr., Inc., Harrah and Harrah.

Dean Andrews of Andrews & Lubbers, P.A., Fort Lauderdale, and Theodore P. Mavrick, Fort Lauderdale, for appellees — Knauer, Leavitt, Leavitt and Akins.

HERSEY, Judge.

Appellant, as the owner and holder of a promissory note which was secured by a mortgage and on which a default had occurred, filed suit against James Leavitt as trustee under a purported Illinois land trust and against the individual beneficiaries of that land trust. After dismissal of several counts of a fourth amended complaint for failure to state a cause of action against the beneficiaries of the trust and for failure to sufficiently allege facts...

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