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SCHUSTER DEVELOPMENT CORP. v. DADE S & L ASSOCIATION

No. 86-355.

490 So.2d 1048 (1986)

SCHUSTER DEVELOPMENT CORP., a Florida Corporation and Mel Schuster, Appellants, v. DADE SAVINGS & LOAN ASSOCIATION, a Florida Savings and Loan Association, n/k/a Centrust Savings Bank, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied July 29, 1986.

Attorney(s) appearing for the Case

Anderson, Moss, Russo, Gievers & Cohen, Daniels & Hicks and Sam Daniels and Bambi G. Blum, Miami, for appellants.

Fine, Jacobson, Schwartz, Nash, Block & England and Gary S. Brooks and Burt S. Hellman and Sandra J. Babey-Whitman, Miami, for appellee.

Before NESBITT, BASKIN and FERGUSON, JJ.

PER CURIAM.

Finding that the limited partnership agreement entered into by the parties expressly provided that Schuster Development Corp. [Schuster] be the liquidating trustee of the limited partnership, see § 620.74, Fla. Stat. (1983), and finding no basis in the record for the trial court's substitution of Centrust Savings Bank as liquidating trustee, we conclude that the trial court abused its discretion. We therefore reverse and remand for reinstatement...

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