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BABBIT ELECTRONICS, INC. v. AMAR

District Court of Appeal of Florida, Fourth District
Dec 26, 1990
570 So. 2d 359 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-3080.

October 24, 1990. Rehearing and Clarification Denied December 26, 1990.

Appeal from the Circuit Court, Broward County, Harry Glenn Hinckley, Jr., J.

Andrew T. Lavin of Romanik and Lavin, Hollywood, for appellant.

Robert Garven, Coral Springs and Jeffrey Ehrlich of the Law offices of Jeffrey Ehrlich, P.A., Sunrise, for appellee.


We reverse and remand the trial court's final judgment finding that defendant/appellee/Jacky Amar ("Amar") was not individually liable under an agreement executed on January 13, 1987, between Amar and plaintiff/appellant/Babbit Electronics, Inc. ("Babbit"). The agreement is clear and unequivocal that Amar executed the agreement in his individual capacity and not in any corporate capacity. Amar signed the agreement in his name, with no designation that he was signing for some other party. An unqualified and unambiguous signature imposes personal liability upon the party signing the agreement as a matter of law. New York Financial, Inc. v. J W Holding Co., Inc., 396 So.2d 802 (Fla. 3d DCA 1981). Therefore, Amar is personally obligated to pay the $11,104.55 due under the agreement. Accordingly, the final judgment must be entered in favor of Babbit and against Amar for that amount, plus interest.

REVERSED AND REMANDED.

DELL, WALDEN and GUNTHER, JJ., concur.


Summaries of

BABBIT ELECTRONICS, INC. v. AMAR

District Court of Appeal of Florida, Fourth District
Dec 26, 1990
570 So. 2d 359 (Fla. Dist. Ct. App. 1990)
Case details for

BABBIT ELECTRONICS, INC. v. AMAR

Case Details

Full title:BABBIT ELECTRONICS, INC., APPELLANT, v. JACKY AMAR, APPELLEE

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 26, 1990

Citations

570 So. 2d 359 (Fla. Dist. Ct. App. 1990)