Provecasa v. Gemini Associated Corp.

District Court of Appeal of Florida

Provecasa v. Gemini Associated Corp.

532 So. 2d 1106, 13 Fla. L. Weekly 2317, 8 U.C.C. Rep. Serv. 2d (West) 404, 1988 Fla. App. LEXIS 4491, 1988 WL 103883

CourtDistrict Court of Appeal of Florida

DecidedOctober 11, 1988

DocketNo. 88-299

StatusPublished

Cited by3 cases

This text of 532 So. 2d 1106 (Provecasa v. Gemini Associated Corp.) 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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Provecasa v. Gemini Associated Corp., 532 So. 2d 1106, 13 Fla. L. Weekly 2317, 8 U.C.C. Rep. Serv. 2d (West) 404, 1988 Fla. App. LEXIS 4491, 1988 WL 103883 (Fla. Ct. App. 1988).

Pincite

Opinion

PER CURIAM.

The judgment entered for the defendant Francisco Gaitan in this suit brought by the plaintiff, Provecasa, to collect on a dishonored check is reversed with directions to enter judgment for Provecasa. Where, as here, the instrument, bearing the name Gemini Associated Corporation as the entity represented by Gaitan, was signed by Gaitan with no indication thereon that he signed in a representative capacity, and it was not shown or, indeed, even contended that Provecasa and Gaitan established that Gaitan would nevertheless be exempt from personal liability, Gaitan, as well as his principal, is liable to Provecasa. Medley Harwoods, Inc. v. Novy, 346 So.2d 1224 (Fla.3d DCA 1977). See MJZ Corp. v. Gulfstream First Bank & Trust, N.A., 420 So.2d 396 (Fla. 4th DCA 1982); § 673.403, Fla.Stat. (1985).

Reversed and remanded with directions.

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PER CURIAM.

The judgment entered for the defendant Francisco Gaitan in this suit brought by the plaintiff, Provecasa, to collect on a dishonored check is reversed with directions to enter judgment for Provecasa. Where, as here, the instrument, bearing the name Gemini Associated Corporation as the entity represented by Gaitan, was signed by Gaitan with no indication thereon that he signed in a representative capacity, and it was not shown or, indeed, even contended that Provecasa and Gaitan established that Gaitan would nevertheless be exempt from personal liability, Gaitan, as well as his principal, is liable to Provecasa. Medley Harwoods, Inc. v. Novy, 346 So.2d 1224 (Fla.3d DCA 1977). See MJZ Corp. v. Gulfstream First Bank & Trust, N.A., 420 So.2d 396 (Fla. 4th DCA 1982); § 673.403, Fla.Stat. (1985).

Reversed and remanded with directions.

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532 So. 2d 1106, 13 Fla. L. Weekly 2317, 8 U.C.C. Rep. Serv. 2d (West) 404, 1988 Fla. App. LEXIS 4491, 1988 WL 103883, Counsel Stack Legal Research, https://law.counselstack.com/opinion/provecasa-v-gemini-associated-corp-fladistctapp-1988.

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