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TOBIN v. DAMIAN

No. 97-4199.

723 So.2d 396 (1999)

Benita TOBIN, Appellant, v. Vincent E. DAMIAN, Jr., Herbert A. Tobin, Mark Tobin and Jason Tobin, as co-Personal Representatives of the Estate of Ben Tobin and co-Trustees of the Ben Tobin Revocable Trust and the Ben Tobin Foundation, Appellees.

District Court of Appeal of Florida, Fourth District.

January 13, 1999.

Attorney(s) appearing for the Case

Ronald P. Weil and Daniel F. Blonsky of Aragon, Burlington, Weil & Crockett, P.A., Miami, for appellant.

John R. Hargrove and W. Kent Brown of Heinrich Gordon Hargrove Weihe & James, P.A., Fort Lauderdale, for appellees.

PER CURIAM.

Benita Tobin appeals the trial court's dismissal of her second amended complaint against the Ben Tobin Revocable Trust ("the Trust") for failure to state a cause of action. She argues that the Trust was properly named as a defendant and that the dismissal of the Trust should not have been granted with prejudice. We affirm.

Appellant filed a complaint and an amended complaint against Vincent E. Damian, Jr., Herbert A. Tobin, Mark Tobin and Jason...

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