KESSLER v. FIRST STATE BANK OF MIAMI

No. 70-1079.

247 So.2d 796 (1971)

Melvyn KESSLER, Appellant, v. The FIRST STATE BANK OF MIAMI, F/K/a the Little River Bank and Trust Company, Appellee.

District Court of Appeal of Florida, Third District.

May 18, 1971.


Attorney(s) appearing for the Case

Joel Robrish, Miami, for appellant.

Feibelman, Friedman, Britton & Stettin, Miami, for appellee.

Before PEARSON, C.J., CHARLES CARROLL, J., and ADAMS, ALTO, Associate Judge.


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...

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