SUN BANK OF MIAMI v. NAT. BK. OF FLA

Full title: SUN BANK OF MIAMI, A FLORIDA BANKING CORPORATION, APPELLANT, v. NATIONAL…

Court: District Court of Appeal of Florida, Third District

Date published: Nov 29, 1979

376 So. 2d 404 (Fla. Dist. Ct. App. 1979)

Opinion

No. 78-1870.

October 16, 1979. Rehearing Denied November 29, 1979.

Appeal from Circuit Court, Dade County; George Orr, Judge.

Fowler, White, Burnett, Hurley, Banick Knight and Ronald P. Weil, Miami, for appellant.

Roberts Holland and Jeffrey S. Tanen, Richard B. Austin, Miami, for appellees.

Before PEARSON, HENDRY and BARKDULL, JJ.

PER CURIAM.

Affirmed. Appellant/plaintiff has failed to demonstrate any equitable or legal basis for relief. See Doing v. Reilly, 176 F.2d 449 (5th Cir. 1949); Maryland Casualty Co. v. Krasnek, 174 So.2d 541 (Fla. 1965); Johnson v. Green, 54 So.2d 44 (Fla. 1951); Quinn v. Phipps, 93 Fla. 805, 113 So. 419 (1927); Leitner v. Willaford, 306 So.2d 555 (Fla. 3d DCA 1975); See also, Chapters 678 and 679, Florida Statutes (1977), and 33 Fla.Jur. Trusts § 61.

PEARSON, Judge, concurring in part, dissenting in part.

I concur fully with the affirmance on all issues raised by the appellant concerning its rights against appellee National Bank of Florida. However, I am unable to understand the court's failure to proceed with the case and enter a money judgment for the appellant against appellee Richard E. Davids. See Winn Lovett Grocery Co. v. Safford Bros. Produce Co., 121 Fla. 833, 164 So. 681 (1935), and Casas v. Rosell, 359 So.2d 491 (Fla. 3d DCA 1978). I would reverse that portion of the judgment and remand the cause for further proceedings to determine the personal liability of Davids.