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BARNETT BK. TRUST CO., N.A. v. TITUSVILLE ASSOCIATES, LTD.

No. 89-830.

569 So.2d 458 (1990)

BARNETT BANKS TRUST COMPANY, N.A., a National Banking Association, As Trustee, Appellant, v. TITUSVILLE ASSOCIATES, LTD., a Florida Limited Partnership, by and through Michael J. LEVITT, Its General Partner; and Michael J. Levitt, Individually and As General Partner, Appellees.

District Court of Appeal of Florida, First District.

July 6, 1990.

Attorney(s) appearing for the Case

Christine Rieger Milton, of Mahoney, Adams, Milam, Surface & Grimsley, P.A., Jacksonville, for appellant.

Waddell A. Wallace, III, of Smith & Hulsey, Jacksonville, for appellees.

ON MOTION FOR REHEARING

PER CURIAM.

DENIED.

JOANOS and BARFIELD, JJ., concur.

ERVIN, J., specially concurring with written opinion.

ERVIN, Judge, specially concurring.

Contrary to appellees' assertion on rehearing, I find no conflict between this court's opinion and Wakefield Nursery v. Hunter, 443 So.2d 465 (Fla. 4th DCA 1984). It was this court's decision that Wakefield is...

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