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KOZICH v. NCNB NAT. BANK OF FLORIDA

No. 92-2292.

631 So.2d 1134 (1994)

Don T. KOZICH, Appellant, v. NCNB NATIONAL BANK OF FLORIDA, a National Banking Association, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and/or Clarification Denied February 28, 1994.

Attorney(s) appearing for the Case

Don T. Kozich, pro se.

James W. Carpenter of Haley, Sinagra & Perez, P.A., Fort Lauderdale, for appellee.

PER CURIAM.

REVERSED. We agree with appellant that the trial court erred in dismissing his action under the circumstances of this case. See Commonwealth Fed. Sav. and Loan Ass'n v. Tubero, 569 So.2d 1271 (Fla. 1990).

DELL, C.J., and ANSTEAD and KLEIN...

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