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WHITNEY v. BROWN

No. 91-573.

588 So.2d 681 (1991)

Walter E. WHITNEY, etc., et al., Appellants, v. Joseph C. BROWN, etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

November 12, 1991.

Attorney(s) appearing for the Case

Gilbride, Heller & Brown and Linda H. Gottlieb and Timothy L. Warnock, Miami, for appellants.

Marsha G. Madorsky, Miami, for appellees.

Before SCHWARTZ, C.J., and BARKDULL and NESBITT, JJ.

PER CURIAM.

A trustee appeals an order granting summary judgment in favor of one of the defendants in an action claiming mismanagement of trust assets. We affirm.

At the hearing on the defendant's motion for summary judgment, the trustee's counsel admitted:

That's right, Your Honor. If they're going to produce everything, and she [defendant] has produced everything she had under her control, we don't contest the motion for summary judgment, although...

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