Summary
In Provecasa, 532 So.2d at 1107, this court ruled that judgment should be entered against the signer of the instrument on a worthless check claim where the signer of the instrument had not shown or even contended that he would be exempt from personal liability.
Summary of this case from Newport Seafood v. Neptune TradingOpinion
No. 88-299.
October 11, 1988. Rehearing Denied November 15, 1988.
Appeal from the Circuit Court, Dade County, Sidney B. Shapiro, J.
Michael H. Wolf, Miami, for appellant.
Alfonso E. Oviedo-Reyes, Coral Gables, for appellees.
Before BARKDULL, DANIEL S. PEARSON and JORGENSON, JJ.
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.