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BERGER v. CONTINO

No. 3D00-3337.

800 So.2d 288 (2001)

Terry Abrams BERGER, Appellant, v. Gregory CONTINO; Fidelity Investiments; and Bank of America, N.A., f/k/a Nationsbank, N.A., a National Banking Association, Appellee.

District Court of Appeal of Florida, Third District.

October 17, 2001.

Attorney(s) appearing for the Case

Lewis R. Cohen, Miami, for appellant.

Liebler, Gonzalez & Portuondo, and Frank Cuneo, for Appellee, Bank of America, N.A.

Before SCHWARTZ, C.J., and LEVY, and GERSTEN, JJ.

PER CURIAM.

Appellant Terry Abrams Berger, as successor personal representative of the Estate of Charles Contino, appeals an adverse order granting appellee Bank of America's motion to dismiss for failure to state a cause of action. We find the complaint sufficiently stated causes of action for negligence and statutory conversion, and thus it was error for the trial court to grant the motion to dismiss. See Kond v. Mudryk, 769 So.2d 1073

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