
    Donald F. REAGLE and Reagle Properties, Inc., Appellants, v. CHICAGO TITLE INSURANCE COMPANY and Robert G. DeSantis, As Trustee, Appellees.
    No. 81-1517.
    District Court of Appeal of Florida, Fourth District.
    June 9, 1982.
    L. Murray Fitzhugh of Knight & Fitz-hugh, Stuart, for appellants.
    W. Jay Hunston, Jr. of DeSantis, Cook, Gaskill & Silverman, P. A., North Palm Beach, for appellee Robert G. DeSantis, as trustee.
   PER CURIAM.

AFFIRMED.

BERANEK, J., and OWEN, WILLIAM C., Jr., Associate Judge, concur.

ANSTEAD, J., dissents with opinion.

ANSTEAD, Judge,

dissenting:

I reluctantly dissent from the majority’s affirmance of the trial court’s dismissal with prejudice of appellant’s counterclaim. My dissent is with reluctance because a review of the record reflects that the trial court generously gave the appellant four opportunities to amend the counterclaim so as to set forth a cause of action. Despite this the appellant continued to file pleadings which failed to clearly and concisely set out a cause of action. However, based on the authority of Quinn v. Phipps, 93 Fla. 805, 113 So. 419 (1927), I believe the appellant has stated a cause of action for breach of a fiduciary relationship. Scattered among the allegations of the various counterclaims filed are statements that the appellant listed his property with the appellee broker at a time when the appellant was incompetent and his incompetency was known to the broker, and that despite the obviousness of this incompetency the appel-lee broker took advantage of the appellant and purchased appellant’s property at a price well below its then market value.  