BERGER V. CONTINO

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D., 2001 TERRY ABRAMS BERGER, ** Appellant, vs. ** ** GREGORY CONTINO; FIDELITY ** INVESTIMENTS; and BANK OF AMERICA, N.A., f/k/a ** NATIONSBANK, N.A., a National Banking Association, ** Appellee. CASE NO. 3D00-3337 LOWER TRIBUNAL NO. 00-5543 ** Opinion filed October 17, 2001. An Appeal from the Circuit Court for Miami-Dade County, Jon I. Gordon, Judge. Lewis R. Cohen, for appellant. Liebler, Gonzalez & Portuondo, and Frank Cuneo, for Appellee, Bank of America, N.A. Before SCHWARTZ, C.J., and LEVY, and GERSTEN, JJ. PER CURIAM. Appellant Terry Abrams Berger, as successor personal representative of the Estate of Charles Contino, appeals an adverse order granting appellee Bank of America's motion to dismiss for failure to state a cause of action. We find the complaint sufficiently stated causes of action for negligence and statutory conversion, and thus it was error for the trial court to grant the motion to dismiss. See Kond v. Mudryk, 769 So. 2d 1073 (Fla. 4th DCA 2000); Miller v. Foster, 686 So. 2d 783 (Fla. 4th DCA 1997); Harris v. Lewis State Bank, 482 So. 2d 1378 (Fla. 1st DCA 1986). Accordingly, the order below is reversed. Reversed. 2

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