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O'BRIEN v. STERMER

No. 3D11-754.

98 So.3d 1245 (2012)

Angela O'BRIEN, Appellant, v. Daniel J. STERMER, Assignee, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 1, 2012.

Attorney(s) appearing for the Case

Atler & Barbaro and Troy Lambert , Orlando, for appellant.

Arnstein & Lehr and Richard L. Rosenbaum , Fort Lauderdale, for appellee.

Before SUAREZ, LAGOA and SALTER, JJ.

SALTER, J.

Angela O'Brien appeals a final order authorizing an assignee for the benefit of creditors,1 Daniel Stermer, to sell 1,000 ounces of silver Ms. O'Brien thought she had bought, paid for, and owned. On the record relating to the underlying Ponzi scheme, however, we are constrained to affirm the trial court. Ms. O'Brien was the victim of a fraud, not an owner or bailor of the silver purportedly sold to her.

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