CITY NATL. BANK OF MIAMI v. CHISHOLM REALTY CO., LTD.

No. 83-2737.

528 So.2d 1214 (1988)

CITY NATIONAL BANK OF MIAMI, Appellant/Cross Appellee, v. CHISHOLM REALTY COMPANY, LTD., a New York Limited Partnership Authorized to Do Business in the State of Florida, Appellee/Cross Appellant, and L.B.G. Properties, Inc., a Florida Corporation, Burton W. Kanter, and Lloyd J. Boggio, Individually, Appellees.

District Court of Appeal of Florida, Fourth District.

May 25, 1988.


Attorney(s) appearing for the Case

Lawrence A. Freeman, Miami, for appellant/cross appellee-City Nat. Bank of Miami.

James W. Carpenter of Haley, Sinagra & Perez, P.A., Fort Lauderdale, for appellee/cross appellant-Chisholm Realty Co., Ltd.

Harry A. Payton of Payton and Rachlin, P.A., Miami, for appellee-L.B.G. Properties, Inc.


ON MOTION FOR CLARIFICATION

GUNTHER, Judge.

We grant the Appellant's motion for clarification and substitute the following opinion:

We reverse the trial court's denial of the Appellant's motion to amend the final judgment for attorney's fees. Prior to the rendition of that final judgment, the trial court had substituted City National Bank of Miami, as trustee, in place of the Appellant. Thus, the trial court erred by failing to amend the final judgment...

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