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MARIAN FARMS, INC. v. SUNTRUST BANKS, INC.

No. 5D12-886.

135 So.3d 363 (2014)

MARIAN FARMS, INC., etc., Appellant, v. SUNTRUST BANKS, INC., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 10, 2014.

Attorney(s) appearing for the Case

Nicholas A. Shannin , of The Shannin Law Firm, P.A., Orlando, and James R. Provencher and Lisa Finaldi Simmons , of Provencher & Simmons, P.A., Orlando, for Appellant.

John R. Stump and Douglas C. Spears , of Swann, Hadley, Stump, Dietrich & Spears, P.A., Winter Park, for Appellee.

GRIFFIN, J.

Appellant, Marian Farms, Inc. ["Marian Farms"], seeks review of the order dismissing its fourth amended complaint for damages it allegedly suffered when SunTrust Banks, Inc. ["SunTrust"] allowed fraudulent or unauthorized conduct of an employee. The trial court found, as a matter of law, that the plaintiff failed to allege the basis for any theory of liability or independent duty owed to the plaintiff by SunTrust distinct from its depositor relationship...

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