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MARIN v. BATISTA

No. 91-2526.

590 So.2d 523 (1991)

Hernando MARIN, Petitioner, v. Jose BATISTA; Diaz & Batista, P.A., Respondents.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 15, 1992.

Attorney(s) appearing for the Case

Tauler & Fox and Elena C. Tauler, Miami, for petitioner.

Diaz & Batista and Reemberto Diaz and Jose Batista, Hialeah, for respondents.

Before FERGUSON, JORGENSON and LEVY, JJ.

PER CURIAM.

By a complaint for replevin, conversion and professional negligence, the petitioner sought, among other things, an order for the return of $58,000 held in trust by his former attorney. There was never an agreement between the petitioner and the respondents that the funds would be used to pay attorney's fees.

In a letter responding to the petitioner's first demand for the return of the trust funds, the respondent-attorneys wrote:

[P]lease...

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