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CAPITAL BANK v. MVB, INC.

Nos. 93-0408, 93-0427, 93-0428 and 93-1249.

644 So.2d 515 (1994)

CAPITAL BANK, a Florida Banking Corporation, Appellant, v. MVB, INC., a Florida corporation, Appellee, JASMA CORPORATION, a Florida corporation, f/k/a Comare Corporation; MVB, Inc., f/k/a Curls & Conditioners, Inc.; and Anthony Battaglia, Cross-Appellants, v. CAPITAL BANK, a Florida banking corporation, Cross-Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 23, 1994.

Attorney(s) appearing for the Case

Ullman & Ullman, and Michael W. Ullman, North Miami Beach, Cooper & Wolfe, and Sharon L. Wolfe, and Maureen E. Lefebvre, Miami, for appellant/cross-appellee.

Gilbride, Heller & Brown, and James F. Gilbride, and Dyanne E. Feinberg, Miami, for appellee/cross-appellants.

Before HUBBART, GERSTEN and GODERICH, JJ.

GERSTEN, Judge.

Appellant, Capital Bank (bank), appeals a judgment awarding appellee, MVB, Inc. (MVB), compensatory and punitive damages based on claims of fraud and breach of fiduciary duty. Cross-appellants, Anthony Battaglia, MVB and Comare (hereinafter collectively referred to as "Battaglia"), cross-appeal the denial of their motion to conform the verdict to the jury's intent. MVB and Battaglia, individually, also cross-appeal the adverse judgment on a promissory...

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