Gould v. Bank of Central Florida

Full title: WALTER J. GOULD, TRUSTEE, AND HIS ATTORNEYS, ELSIE T. APTHORP AND GAVIN D…

Court: District Court of Appeal of Florida, Fifth District

Date published: Jul 30, 1993

621 So. 2d 588 (Fla. Dist. Ct. App. 1993)

Opinion

No. 92-3160.

July 30, 1993.

Appeal from the Circuit Court for Orange County; Emerson R. Thompson, Jr., Judge.

Elsie T. Apthorp, and Gavin D. Lee, Maitland, for appellants.

Jeffrey Brown and Robert D. Gatton, Orlando, for appellee Bank of Cent. FL.

No appearance for appellee The Paymaster Corp.

HARRIS, Chief Judge.

Walter Gould, as trustee, sued the Bank of Central Florida because the bank had improperly cashed checks based on an unauthorized endorsement. Unfortunately, the action was filed beyond the statute of limitations and the cause was dismissed on motion. The Bank of Central Florida then moved for, and was awarded, attorney's fees under section 57.105, Florida Statutes. We reverse on the authority of Piancone v. Engineering Design, Inc., 534 So.2d 896 (Fla. 5th DCA 1988).

REVERSED.

W. SHARP and PETERSON, JJ., concur.