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POWELL v. MACTOWN, INC.

No. 97-2897.

707 So.2d 825 (1998)

W.T. POWELL, R. Grady Snowden, Fred Lane, Helen Wilkes, Dennis Ferguson, Edward A. Anderson, Steven L. Fedorchak, James E. Hall, Russell Silverman, James D. Bedsole, Patrick Harkins, Gregg R. Foppiani, Brenda Mabry, and Fran Brown, Individually and in their capacity as trustees of the Florida Workers' Compensation Fund, f/k/a Florida Nursing Home Self-insurers' Fund; Florida Health Care Association Selfinsurers' Fund; Florida Health Care and Human Resource Fund, Appellants, v. MACTOWN, INC., a Florida nonprofit corporation; Quest, Inc., a Florida corporation; St. Augustine Center For Living, a Florida corporation; Ann Storch Center, Inc., a Florida nonprofit corporation; Abilities of Florida, Inc., a Florida nonprofit corporation; Transitions at Abilities, Inc., a Florida non-profit corporation; Employabilities, Inc., a Florida nonprofit corporation, Appellees.

District Court of Appeal of Florida, Third District.

February 25, 1998.

Attorney(s) appearing for the Case

Livingston & Associates, and Aileen M. Reilly, Orlando, for appellants.

Kurzban, Kurzban, Weinger & Tetzeli, and Helen Tetzeli, Miami, for appellees.

Before NESBITT, GODERICH, and SHEVIN, JJ.

NESBITT, Judge.

Appellees are Florida corporations (members) who were participants in the Florida Worker's Compensation Fund (Fund) for all or some of the years 1986 through 1990. The Fund was organized under applicable statutes for the purpose of pooling liability for workers compensation insurance claims. A majority of appellants are current and former Fund trustees (trustees). Each company became a Fund member upon execution of an application and its acceptance...

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