Chase Federal Bank v. Kim

604 So. 2d 909, 1992 Fla. App. LEXIS 9412, 1992 WL 213114

Opinion

PER CURIAM.

Chase Federal Bank seeks certiorari review of a partial summary judgment which in essence held that a variable interest rate note tied to the interest rate of United States Treasury Notes was not for a “sum certain” ¹ and for that reason not negotiable, and therefore Chase Federal could not be a holder in due course.

We deny the petition for certiorari not because such a variable interest rate note is not negotiable but because the issue should be raised in a direct plenary appeal from a final judgment and does not justify certiorari review of a non-final partial summary judgment.

DENIED.

GOSHORN, C.J., and COWART and PETERSON, JJ. concur.

Footnotes

1

. See section 673.104, Florida Statutes, prior to the 1991 amendment to section 673.106, Ch. 91-70, Laws of Fla. See also Ch. 92-82, Laws of Fla.