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BEHAVIORAL HEALTH AND WELLNESS v. FDIC

No. 3D98-3338.

802 So.2d 374 (2001)

BEHAVIORAL HEALTH AND WELLNESS, INC., Appellant, v. FDIC, As Receiver for Lower Peoples Nat. Bank, etc., Appellee.

District Court of Appeal of Florida, Third District.

October 31, 2001.

Attorney(s) appearing for the Case

Manzini & Manzini, and Nicolas Manzini, for appellant.

Haley, Sinagra & Perez, and James T. Haley, Miami, and Timothy H. Crutchfield, for appellee.

Before LEVY, SORONDO, and RAMIREZ, JJ.

ON MOTION FOR REHEARING AND CLARIFICATION

RAMIREZ, J.

We grant rehearing, withdraw our opinion of August 29, 2001, and substitute this opinion in its place.

Behavioral Health and Wellness, Inc. appeals a summary final judgment in favor of Peoples National Bank of Commerce on Peoples Bank's defenses of set-off and recoupment and on its counterclaim. Because Peoples Bank is not entitled to a setoff and has no valid counterclaim for wrongfully...

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