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MILLS v. BARKER

No. 94-04466.

664 So.2d 1054 (1995)

Robert A. MILLS, as Trustee of the Witherill Unitrust Trust, Appellant, v. E. Tefft BARKER, Appellee.

District Court of Appeal of Florida, Second District.

November 29, 1995.

Attorney(s) appearing for the Case

Barry F. Spivey of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Sarasota, for Appellant.

Richard E. Nelson and Robert C. Widman of Nelson, Hesse, Cyril, Smith, Widman, Herb, Causey & Dooley, Sarasota; and L. Norman Vaughan-Birch and Anita J. Hanna of Kirk Pinkerton, P.A., Sarasota, for Appellee.

SCHOONOVER, Judge.

The appellant, Robert A. Mills, as Trustee of the Witherill Unitrust Trust, challenges a trial court order dismissing a replevin action seeking possession of certain trust property under the control of the appellee, E. Tefft Barker. We agree with Mr. Mills' contention that the trial court erred by granting Mr. Barker's motion for involuntary dismissal and, accordingly, reverse.

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