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POSNER & SONS, INC. v. TRANSCAPITAL BANK

Nos. 4D09-4139, 4D09-4687, 4D10-756, 4D10-1163.

65 So.3d 1193 (2011)

POSNER & SONS, INC., GMR Development Corp., and Ronald C. Posner, Appellants, v. TRANSCAPITAL BANK, a Florida corporation, Leonard E. Zedeck, P.A., and Leonard Zedeck, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

July 27, 2011.

Attorney(s) appearing for the Case

Louis C. Arslanian , Hollywood, for appellants.

Stuart M. Gold of Sax, Willinger & Gold, Miami Lakes, for appellee Transcapital Bank.

Richard H. Bergman of Bergman & Jacobs, P.A., Hollywood, for appellees Leonard E. Zedeck and Leonard E. Zedeck, P.A.

GERBER, J.

In these consolidated foreclosure cases, the borrower and related parties primarily appeal from an order dismissing the borrower's counterclaim and third-party claim for fraud against the bank and the bank's attorney. The borrower argues that the circuit court erred by concluding that the fraud claim was barred under M/I Schottenstein Homes, Inc. v. Azam, 813 So.2d 91 (Fla.2002). We agree with the borrower and...

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