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HAMILTON'S BAR & GRILL, INC. v. BAY BANK & TRUST COMPANY

No. 94-267.

646 So.2d 847 (1994)

HAMILTON'S BAR & GRILL, INC., Appellant, v. BAY BANK & TRUST COMPANY, John Christo, Jr., Eugene Clement and Steve Stevens, Appellees.

District Court of Appeal of Florida, First District.

December 23, 1994.

Attorney(s) appearing for the Case

Dana C. Matthews and A. Richard Troell, Destin, for appellant.

John L. Gioiello, Jack G. Williams, Panama City, for appellees.

ERVIN, Judge.

This is an appeal from a final order dismissing a complaint with prejudice. We affirm in part, reverse in part and remand. As to the two counts of the complaint alleging fraud, the trial court was required to take the plaintiff's allegation in its complaint as true that it did not know its equity had been fraudulently calculated until 1992. See Anderson v. Emro Mktg. Co., 550 So.2d 531 (Fla. 1st DCA 1989). Therefore...

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