Blanchar v. Central Trust Co.

District Court of Appeal of Florida

Blanchar v. Central Trust Co.

516 So. 2d 1014, 12 Fla. L. Weekly 2716, 1987 Fla. App. LEXIS 11256, 1987 WL 1945

District Court of Appeal of Florida·Decided December 2, 1987·No. No. 87-0849·Published

Opinions

GUNTHER, Judge.

We reverse the summary judgment entered in favor of plaintiff/appellee against the defendants/appellants. The appellants raised the defenses of fraud, conversion, and failure to register under federal and state securities laws. On the motion for summary judgment, the appellee did not meet its burden of showing that it took the investments in good faith and without notice of any of the defenses. See § 673.302(1) & § 673.307, Fla.Stat. (1985). Therefore, genuine issues of material fact remain concerning the appellee’s status as a holder in due course.

REVERSED.

WALDEN, J., concurs. GLICKSTEIN, J., concurs specially with opinion.

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GUNTHER, Judge.

We reverse the summary judgment entered in favor of plaintiff/appellee against the defendants/appellants. The appellants raised the defenses of fraud, conversion, and failure to register under federal and state securities laws. On the motion for summary judgment, the appellee did not meet its burden of showing that it took the investments in good faith and without notice of any of the defenses. See § 673.302(1) & § 673.307, Fla.Stat. (1985). Therefore, genuine issues of material fact remain concerning the appellee’s status as a holder in due course.

REVERSED.

WALDEN, J., concurs. GLICKSTEIN, J., concurs specially with opinion.

Blanchar v. Central Trust Co., 516 So. 2d 1014, 12 Fla. L. Weekly 2716, 1987 Fla. App. LEXIS 11256, 1987 WL 1945 (Fla. Ct. App. 1987).

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