COLONIAL PRESS OF MIAMI, INC., A FLORIDA CORPORATION, APPELLANT,
v.
MURRAY SANDERS, APPELLEE

Fla. 3d DCA | 1972-06-27
No. 72-21
Before CHARLES CARROLL and HAVERFIELD, JJ., and WADDELL, TOM, Jr., Associate Judge.
264 So. 2d 92 Florida District Court of Appeal, Third District (1972) Positive Treatment
Cited by 10 cases

AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.

Synopsis

Colonial Press of Miami appealed a summary judgment dismissing third-party defendant Murray Sanders from a promissory note action. The court affirmed, holding that Sanders was not personally liable on the $13,800 note because the attorney's letter could not bind him without proper authority, and no evidence supported Sanders' assumption of Colonial Press's obligation.


Holding

Sanders was not personally liable on the $13,800 note because: (1) the attorney's June 10, 1970 letter could not bind Sanders without express or implied contract of employment or agency authority, and (2) even assuming the note was valid, no genuine issue of material fact existed since the record showed no holder consent to substituted payment, no delivery of the note, and no payment received.


Headnotes

[1] An attorney cannot act as legal representative or counsel for another person without an express or implied contract of employment with that person or their authorized rep…

[2] A letter written by an attorney does not bind a party if the attorney did not represent that party and was not their agent at the time the letter was written.

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Key Quotes

“An attorney has no power to act for another as legal representative or counsel by virtue of his license alone. He must have a contract of employment, express or implied, with the party for whom he purports to act or someone authorized to represent that party.”

Establishes that the attorney's letter could not bind Sanders without proper agency authority or employment contract.

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Facts & Procedural History

Colonial Press owed an estate $13,800 on a promissory note dated March 21, 1966. Colonial Press claimed that Industrial Medicine Publishing Co., Inc. …

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Opinion of the Court
PER CURIAM.

PER CURIAM.

In an action on a promissory note, defendant and third party plaintiff, Colonial Press of Miami, Inc., takes this appeal to review a summary judgment in favor of third party defendant, Murray Sanders, dismissing him from the action in the trial court.

This cause was commenced when the executrix of a deceased’s estate filed a complaint against Colonial Press of Miami to recover a $13,800 balance due on a promissory note dated March 21, 1966 in the original amount of $24,700. Payments were made by appellant to the estate until the balance was reduced to $13,800. In its second amended complaint, appellant alleged its obligation to the estate for the balance of the note had been assumed by Industrial Medicine Publishing Co., Inc. and personally guaranteed by appellee as manifested in a promissory note for $13,800 executed on June 10, 1970. Appellant contends that through a letter sent to its attorney dated June 10, 1970, appellee personally and individually guaranteed to assume appellant’s obligation. Appellee denied appellant’s allegations and asserted that the June 10 letter referred to a different promissory note executed on June 10, 1970 in the principal amount of $11,200 for which final judgment has been entered against appellee and others on November 8, 1971 by Circuit Court Judge Balaban.

The evidence fails to establish that Murray Sanders was personally liable on the $13,800 note. The letter of June 10, 1970 upon which appellant relies cannot bind appellee because the attorney who wrote the letter stated in his affidavit that he never represented Murray Sanders, he was not the agent for Murray Sanders when he wrote the subject letter, and that the letter referred to the June 10, 1970 note for $11,200 which is not the note that is the subject of this lawsuit. An attorney has no power to act for another as legal representative or counsel by virtue of his license alone. He must have a contract of employment, express or implied, with the party for whom he purports to act or someone authorized to represent that party. 3 Fla.Attorneys at Law § 25 (1955).

Assuming arguendo that appellee’s note for $13,800 was valid . . . under F.S. § 673.603(2), F.S.A. payment or satisfaction of an instrument may be made or *94given by any person, including one who is a stranger to the instrument, with the consent of the holder. A review of the record on appeal does not show that the holder consented to this substituted payment. Further, the record does not reflect that the note was ever delivered to the holder nor was any payment under the note made or received.

The summary judgment entered dismissing appellee from the suit was proper because no genuine issue as to any material fact exists. The judgment herein appealed is, therefore, affirmed.

Affirmed.


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Citator

Cited By

  • Gonzalez v. Totalbank, 472 So. 2d 861 (Fla. 3d DCA 1985)
    …s not authorized to represent any person without the consent of that person or someone with authority to represent that person. Broyles v. Califano, 495 F.Supp. 4 (E.D.Tenn.1980) (on motion for relief from judgment); Colonial Press, Inc. v. Sanders, 264 So. 2d 92 (Fla. 3d DCA), cert. denied, 268 So. 2d 904 (Fla.1972).2 Olga Gonzalez not only never consented to Lieberman’s representation, but was never even aware of it. We will not presume that Mr. Gonzalez had the authority to act as Olga’s agent [*865] in o…
  • …Certiorari denied. 264 So. 2d 92. CARLTON, ADKINS, BOYD and Mc-CAIN, JJ., concur. ERVIN, Acting C. J., dissents.…
  • Se. First Nat'l Bank OF Miami v. Taines, 339 So. 2d 275 (Fla. 3d DCA 1976)
    …ies, it must look to the individual borrowers for repayment of the $160,000 because payment of an instrument may be made or given by any person including one who is a stranger with the consent of the holder. Colonial Press of Miami, Inc. v. Sanders, 264 So. 2d 92 (Fla.3d DCA 1972). Under the circumstances, Miami Mortgage Services, not being indebted to the Bank, cannot be required to contribute $160,000 for the debt of another. Affirmed. . Pursuant to Fla.R.Civ.P. 1.120(a).…

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