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

CourtDistrict Court of Appeal of Florida

DecidedDecember 2, 1987

DocketNo. 87-0849

StatusPublished

This text of 516 So. 2d 1014 (Blanchar v. Central Trust Co.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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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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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.

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516 So. 2d 1014, 12 Fla. L. Weekly 2716, 1987 Fla. App. LEXIS 11256, 1987 WL 1945, Counsel Stack Legal Research, https://law.counselstack.com/opinion/blanchar-v-central-trust-co-fladistctapp-1987.

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