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Florida Federal Savings & Loan Ass'n v. Gale

Citations: 495 So. 2d 803; 11 Fla. L. Weekly 2037; 1986 Fla. App. LEXIS 9761Docket: No. 4-86-0038

Court: District Court of Appeal of Florida; September 24, 1986; Florida; State Appellate Court

Narrative Opinion Summary

The summary final judgment in favor of Jack Gale, Esquire, as Guardian of the Property of Wendy Lynn Busch, against Florida Federal Savings and Loan Association, is reversed. The court remands the case with instructions to enter summary final judgment in favor of Florida Federal Savings and Loan Association and against Jack Gale. This decision is based on section 673.117 of the Florida Statutes (1985) and precedents set in Pan American Bank of Miami v. Goldszmidt and Bates v. City of New York. Judges Downey, Letts, and Walden concur with the decision.

Legal Issues Addressed

Application of Florida Statutes Section 673.117

Application: The court applied section 673.117 of the Florida Statutes (1985) to determine the obligations and liabilities concerning negotiable instruments, leading to the reversal of the summary judgment.

Reasoning: This decision is based on section 673.117 of the Florida Statutes (1985) and precedents set in Pan American Bank of Miami v. Goldszmidt and Bates v. City of New York.

Precedential Authority

Application: The court relied on precedents including Pan American Bank of Miami v. Goldszmidt and Bates v. City of New York to guide its decision in the case.

Reasoning: This decision is based on section 673.117 of the Florida Statutes (1985) and precedents set in Pan American Bank of Miami v. Goldszmidt and Bates v. City of New York.

Reversal of Summary Judgment

Application: The appellate court reversed the summary final judgment initially in favor of Jack Gale, directing the entry of judgment in favor of Florida Federal Savings and Loan Association.

Reasoning: The summary final judgment in favor of Jack Gale, Esquire, as Guardian of the Property of Wendy Lynn Busch, against Florida Federal Savings and Loan Association, is reversed.