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NATIONAL CITY BANK v. ACCENT MARKETING

No. 4D11-1171.

82 So.3d 1060 (2011)

NATIONAL CITY BANK, as successor by merger to Fidelity Federal Bank Trust, Appellant, v. ACCENT MARKETING ASSOCIATES, LLC d/b/a Accent Homes, Inc., a Florida corporation, Napoleon G. Bequer, Glenna G. Bequer, Salvador Ramos and John W. Dalton, Jr., Appellees.

District Court of Appeal of Florida, Fourth District.

November 2, 2011.

Attorney(s) appearing for the Case

Stephen T. Maher , Don A. Lynn and John W. Bustard of Shutts & Bowen, LLP, Miami, for appellant.

Stephen E. Tunstall , P.A., Coral Gables, for appellees, Napoleon G. Bequer and Glenna G. Bequer.

PER CURIAM.

We hold that our decision in a previous appeal of this case did not preclude the trial court on remand from deciding a legal issue that was not presented and considered in the former appeal.

This case concerns a dispute between Napoleon and Glenna Bequer, Accent Marketing Associates, LLC, and National City Bank that arose following the bank's loan of money to the Bequers for Accent's construction of a home. The lawsuit began when Accent sued the...

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