TRANSFLORIDA BANK v. MILLER

Nos. 88-2462 and 89-2276.

576 So.2d 752 (1991)

TRANSFLORIDA BANK, a Florida Banking Corporation, Leonard E. Zedeck, Adam Kurlander, and Zedeck and Kurlander, P.A., Appellants, v. A. Matthew MILLER, Appellee.

District Court of Appeal of Florida, Fourth District.

As Clarified on Denial of Motion for Rehearing April 1, 1991.


Attorney(s) appearing for the Case

Lawrence D. Bache, Harry T. Hackney and Richard D. Heller of Tripp, Scott, Conklin & Smith, Fort Lauderdale, for appellants.

Martin G. Brooks of Martin G. Brooks, P.A., and A. Matthew Miller, Hollywood, for appellee.


STONE, Judge.

We affirm a final order dismissing the appellants' second amended complaint for failure to state a cause of action but reverse a consolidated final judgment for attorney's fees. Appellants' claim is for the breach of an alleged fiduciary duty to "notify." Appellants rely solely upon a letter from appellee, an attorney for a third party, to create the duty. The trial court did not err by determining that the letter, on its face, does not support the allegation...

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