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PALMETTO BLUFF PROPERTIES, LLC v. TRUSTMARK NATIONAL BANK

No. 1D12-3503.

124 So.3d 420 (2013)

PALMETTO BLUFF PROPERTIES, LLC, a Florida limited liability company, Edgar C. Marshall, IV, an individual, and Lanier J. Edwards, an individual, Appellants, v. TRUSTMARK NATIONAL BANK, Gulf Reflections Owners' Association, Inc., a Florida not for profit Corporation, Florida Community Services Corp. of Walton County, Inc., a Florida not for profit Corporation, Angus G. Andrews, Jr., Terry Pilcher, and John Gillis, Appellees.

District Court of Appeal of Florida, First District.

October 25, 2013.

Attorney(s) appearing for the Case

Robert O. Beasley of Litvak Beasley & Wilson, LLP, Pensacola, for Appellants.

Michael P. Dickey and Jeffrey S. Carter of Barron & Redding, P.A., Panama City, for Trustmark National Bank and John Gillis; Harry Matthew Fuqua , Marianna, for Angus G. Andrews, Jr., and Terry Pilcher; William H. Green , Defuniak Springs, for Florida Community Services Corp. of Walton County, Inc., a Florida not for profit Corporation.

PER CURIAM.

AFFIRMED.

LEWIS, C.J. and WOLF, J., concur.

MAKAR, J., dissenting.

MAKAR, J., dissenting.

Fraud is generally not a proper subject of a summary judgment because "it requires an explanation of the facts and circumstances of the alleged wrongdoing to determine if they collectively constitute a fraud and for that reason such determination is seldom one that can be made in a legally sufficient manner without a trial." Baker...

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