S. HALLOCK DUPONT, JR., APPELLANT,
v.
COUNTY NATIONAL BANK OF NORTH MIAMI BEACH, A NATIONAL BANKING CORPORATION, LAWRENCE C. PORTER, AND CAROLE W. PORTER, HIS WIFE, APPELLEES
S. HALLOCK DUPONT, JR., APPELLANT,
COUNTY NATIONAL BANK OF NORTH MIAMI BEACH, A NATIONAL BANKING CORPORATION, LAWRENCE C. PORTER, AND CAROLE W. PORTER, HIS WIFE, APPELLEES
369 So. 2d 443
Florida District Court of Appeal, Third District (1979)
Caution
Cited by 8 cases
Opinion of the Court
PER CURIAM.
On this record, the summary final judgment under review is reversed.
There was a triable issue as to whether or not the bank was the holder in due course of a note executed by the appellant, S. Hallock DuPont, Jr., as to the question of whether or not the bank took the note without any notice of a defense thereto. See: A. B. G. Investment, Inc. v. Selden, 336 So. 2d 444 (Fla. 4th DCA 1976); Section 673.3-307(3), Florida Statutes (1975).
Therefore, the summary final judgment under review be and the same is reversed, and this cause is remanded to the trial court for further proceedings.
Reversed and remanded, with directions.
Cases With Similar Vibessemantic neighbors from the corpus
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Allied Fid. Ins. Co. v. State, 415 So. 2d 109 (Fla. 3d DCA 1982)…The failure to give the surety adequate notice of its obligation to produce the defendant in court invalidates an order of estreature and forfeiture entered against the surety. Estate of Maltie, 404 So. 2d 384 (Fla. 4th DCA 1981); Schaefer v. State, 369 So. 2d 443 (Fla. 3d DCA 1979); Bailey v. State, 282 So. 2d 32 (Fla. 1st DCA 1973); Ramsey v. State, 225 So. 2d 182 (Fla. 2d DCA 1969). The second notice, however, advising the surety of the fait accompli of forfeiture, is, definitively, not a condition precede…
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Wiley v. State, 451 So. 2d 916 (Fla. 1st DCA 1984)…The failure to give the surety adequate notice of its obligation to produce the defendant in court invalidates an order of estreature and forfeiture entered against the surety. Estate of Maltie, 404 So. 2d 384 (Fla. 4th DCA 1981); Schaefer v. State, 369 So. 2d 443 (Fla. 3d DCA 1979); Bailey v. State, 282 So. 2d 32 (Fla. 1st DCA 1973); Ramsey v. State, 225 So. 2d 182 (Fla. 2d DCA 1969). The second notice, however, advising the surety of the fait accompli of forfeiture, is, definitively, not a condition precede…
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William Robert Ryan (Al Estes Bonding Company) v. State, 380 So. 2d 539 (Fla. 5th DCA 1980)…d within 30 days. Subsection (l)(b) of § 903.26 provides that a bail bond shall not be forfeited in the absence of 72 hour advance notice to the surety of a court date. This subsection has been construed to require actual notice. Schaefer v. State, 369 So. 2d 443 (Fla.3d DCA 1979); Bailey v. State, 282 So. 2d 32 (Fla.1st DCA 1973). The burden of showing compliance with this advance notice requirement is on the state. Bankers Fire & Casualty Co. v. State, 303 So. 2d 39 (Fla.1st DCA 1974); Resolute Insurance C…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- A. B. G. Inv., Inc. v. Selden, 336 So. 2d 444 (Fla. 4th DCA 1976)