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FT. MYERS MEMORIAL GARDENS v. BARNETT BANKS TRUST COMPANY

Nos. 84-2493, 84-2494.

474 So.2d 1215 (1985)

FORT MYERS MEMORIAL GARDENS, INC., Appellant/Cross-Appellee, v. BARNETT BANKS TRUST COMPANY, N.A., Appellee/Cross-Appellant. The NATIONAL TRUST COMPANY, As Trustee, Appellant/Cross-Appellee, v. BARNETT BANKS TRUST COMPANY, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Second District.

Rehearing Denied September 6, 1985.

Attorney(s) appearing for the Case

S. Thomas Ullman, Fort Myers, for appellants.

Robert L. Donald and William H. Shields of Pavese, Shields, Garner, Haverfield, Dalton & Harrison, Fort Myers, for appellees.

CAMPBELL, Acting Chief Judge.

This is an appeal and a cross-appeal from a final judgment following a trial without a jury, which found appellee/cross-appellant not liable in conversion, but liable in damages for improper management of trust funds. The judgment assessed damages against appellee/cross-appellant in the amount of $39,969.08. We affirm on appeal and reverse on the cross-appeal.

Appellee was trustee under two trusts originally established by appellant...

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