Jones v. Barnett Bank

District Court of Appeal of Florida

Jones v. Barnett Bank

670 So. 2d 1195, 1996 Fla. App. LEXIS 3468, 1996 WL 154460

CourtDistrict Court of Appeal of Florida

DecidedApril 4, 1996

DocketNo. 95-1535

StatusPublished

This text of 670 So. 2d 1195 (Jones v. Barnett Bank) 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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Jones v. Barnett Bank, 670 So. 2d 1195, 1996 Fla. App. LEXIS 3468, 1996 WL 154460 (Fla. Ct. App. 1996).

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Opinion

PER CURIAM.

We affirm the dismissal for failure to state a cause of action. Drozinski v. Straub, 383 So.2d 301 (Fla. 2d DCA 1980); § 658.55 Fla. Stat. (1989).¹ The statute does not determine ownership of the withdrawn funds but it does establish that a bank is not liable for having paid them as they were titled. There is no evidence of any written or verbal undertaking by Barnett Bank not to redeem the CD without presentation of the certificate.

AFFIRMED.

GOSHORN, GRIFFIN and ANTOON, JJ., concur.

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PER CURIAM.

We affirm the dismissal for failure to state a cause of action. Drozinski v. Straub, 383 So.2d 301 (Fla. 2d DCA 1980); § 658.55 Fla. Stat. (1989).¹ The statute does not determine ownership of the withdrawn funds but it does establish that a bank is not liable for having paid them as they were titled. There is no evidence of any written or verbal undertaking by Barnett Bank not to redeem the CD without presentation of the certificate.

AFFIRMED.

GOSHORN, GRIFFIN and ANTOON, JJ., concur.

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Bluebook (online)

670 So. 2d 1195, 1996 Fla. App. LEXIS 3468, 1996 WL 154460, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-barnett-bank-fladistctapp-1996.

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