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MERRILL LYNCH, PIERCE, FENNER & SMITH, INC. v. ANDERSON

No. BK-396.

501 So.2d 635 (1986)

MERRILL LYNCH, PIERCE, FENNER & SMITH, INC., Appellants, v. David ANDERSON and Jo an Anderson, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied February 23, 1987.

Attorney(s) appearing for the Case

Patricia E. Cowart and Steven M. Greenbaum of Ruden, Barnett, McClosky, Schuster & Russell, Miami and Curtin R. Coleman, Fort Lauderdale, for appellants.

Thomas M. Ervin, Jr., of Ervin, Varn, Jacobs, Odom & Kitchen, Tallahassee, for appellees.

THOMPSON, Judge.

Merrill Lynch, Pierce, Fenner & Smith (Merrill Lynch) the plaintiff and counter defendant below, appeals a judgment in favor of David and Jo An Anderson entered on both Merrill Lynch's five count complaint and David Anderson's counterclaim. On appeal Merrill Lynch asserts several grounds why it should be granted a new trial. Because we agree that under the circumstances a new trial is warranted, we reverse...

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