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SARASOTA CLOTH FABRIC & FOAM, INC. v. BENES

No. 85-368.

482 So.2d 574 (1986)

SARASOTA CLOTH FABRIC & FOAM, INC., a Florida Corporation, Appellant, v. E.J. BENES As Trustee of the Frances M. Benes Trust, Appellee.

District Court of Appeal of Florida, Fifth District.

February 6, 1986.

Attorney(s) appearing for the Case

Philip S. Prosch, Sarasota, for appellant.

Ralph C. Losey of Subin, Shams, Rosenbluth & Moran, P.A., Orlando, for appellee.

COBB, Chief Judge.

Appellant, Sarasota Cloth Fabric & Foam, Inc. (Sarasota), timely appeals the dismissal with prejudice of its three-count counterclaim against appellee, E.J. Benes as Trustee of the Frances M. Benes Trust (Benes).

Benes filed a complaint against Sarasota, as lessee, alleging breach of a shopping center lease agreement. Sarasota filed an answer and counterclaim, twice amended, alleging counts of conversion, fraud and negligence against...

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