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CUNNINGHAM v. MBNA AMERICA BANK, N.A.

No. 2D07-2909.

8 So.3d 438 (2009)

A.W. CUNNINGHAM a/k/a Wayne Cunningham, Appellant, v. MBNA AMERICA BANK, N.A., a National Banking corporation, Appellee.

District Court of Appeal of Florida, Second District.

April 3, 2009.

Attorney(s) appearing for the Case

Debra J. Sutton and Sara-Jean Palmer of Sutton Law Firm, Bartow; Neal L. O'Toole of Lilly O'Toole & Brown LLP, Bartow, for Appellant.

Richard E. Landman and George N. Andrews of Akerman Senterfitt, Fort Lauderdale, for Appellee.

LaROSE, Judge.

A.W. Cunningham appeals the trial court's order granting MBNA America Bank, N.A.'s motion to dismiss his second amended counterclaim. Because the trial court erred in dismissing, with prejudice, two permissive claims, we reverse, in part, and remand for further proceedings.

This case has a lengthy history but can be summarized concisely. MBNA issued a credit card in Mr. Cunningham's name, but allegedly without his knowledge, to a third party...

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