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MULLIN v. ORTHWEIN

No. 4D99-2888.

772 So.2d 30 (2000)

Jolie MULLIN, Appellant, v. James B. ORTHWEIN, Jr., and Percy J. Orthwein, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied December 14, 2000.

Attorney(s) appearing for the Case

Susan B. Yoffee of Fleming, Haile & Shaw, P.A., North Palm Beach, for appellant.

Bard D. Rockenbach of Sellars, Marion & Bachi, P.A., West Palm Beach, for appellees.

PER CURIAM.

We reverse the summary judgment entered in favor of appellees on the authority of R.L. LaRoche, Inc. v. Barnett Bank of South Florida, 661 So.2d 855 (Fla. 4th DCA 1995). Based on this record and the rules pertaining to summary judgment, the bankruptcy court did not consider the issue of a bad faith filing or damages, punitive or otherwise, associated with that issue. See Londono v. Turkey Creek, Inc., ...

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