Kessler v. First State Bank of Miami

District Court of Appeal of Florida

Kessler v. First State Bank of Miami

247 So. 2d 796, 1971 Fla. App. LEXIS 6759

CourtDistrict Court of Appeal of Florida

DecidedMay 18, 1971

DocketNo. 70-1079

StatusPublished

This text of 247 So. 2d 796 (Kessler v. First State Bank of Miami) 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.

Bluebook

Kessler v. First State Bank of Miami, 247 So. 2d 796, 1971 Fla. App. LEXIS 6759 (Fla. Ct. App. 1971).

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Opinion

PER CURIAM.

The appellant was the defendant in an action by a bank claiming as a subsequent holder for value upon a check given by appellant. The trial court entered a summary final judgment for the plaintiff upon the pleadings, depositions and affidavits on file. Upon appeal, appellant claims a genuine issue of material fact as to a possible notice to the bank of a conditional delivery of the check. The affidavits in support of appellee’s motion deny any notice of infirmity and appellant’s affidavit sets forth no fact which would raise an inference of such notice. Summary judgment was properly entered. See Sorrells Bros. Packing Co. v. Union State Bank, Fla.App.1962, 144 So.2d 74.

Affirmed.

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PER CURIAM.

The appellant was the defendant in an action by a bank claiming as a subsequent holder for value upon a check given by appellant. The trial court entered a summary final judgment for the plaintiff upon the pleadings, depositions and affidavits on file. Upon appeal, appellant claims a genuine issue of material fact as to a possible notice to the bank of a conditional delivery of the check. The affidavits in support of appellee’s motion deny any notice of infirmity and appellant’s affidavit sets forth no fact which would raise an inference of such notice. Summary judgment was properly entered. See Sorrells Bros. Packing Co. v. Union State Bank, Fla.App.1962, 144 So.2d 74.

Affirmed.

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247 So. 2d 796, 1971 Fla. App. LEXIS 6759, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kessler-v-first-state-bank-of-miami-fladistctapp-1971.

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