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KOEHLER v. MERRILL LYNCH & CO., INC.

No. 97-00964.

706 So.2d 1370 (1998)

Robert O. KOEHLER and Ann B. Koehler, Appellants, v. MERRILL LYNCH & COMPANY, INC., Merrill Lynch Trust Company, Merrill Lynch Life Agency, Inc., Merrill Lynch Insurance Group Services, Inc., Merrill, Lynch, Pierce, Fenner & Smith, Inc., The Manufacturers Life Insurance Company, Thomas Rankin Pate and Marvin G. Ellis, Appellees.

District Court of Appeal of Florida, Second District.

January 30, 1998.

Attorney(s) appearing for the Case

Karla R. Spaulding of James, Hoyer & Newcomer, P.A., Tampa, for Appellants.

David P. Ackerman of Ackerman, Link, Sartory, West Palm Beach, for Appellee Merrill Lynch & Company, Inc.

Anthony H. Pelle of Katz, Barron, Squitero, Faust & Berman, P.A., Miami, for Appellee Manufacturers Life Insurance Company.

FRANK, Acting Chief Judge.

Robert and Ann Koehler have appealed from the dismissal with prejudice of their complaint for misrepresentation, fraud, breach of fiduciary duty, fraudulent inducement, and negligent supervision in connection with the sale of a life insurance policy to them by the defendants. We reverse because the complaint states a claim and it cannot be determined from the face of the complaint that the action is barred by the statute of limitations....

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