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Linares v. Banco Central

District Court of Appeal of Florida, Third District
Jun 18, 1991
581 So. 2d 248 (Fla. Dist. Ct. App. 1991)

Opinion

No. 91-107.

June 18, 1991.

Appeal from the Circuit Court for Dade County, Rosemary Usher Jones, J.

Jon W. Burke, Miami, for appellant.

Akerman, Senterfitt Eidson, and Oscar A. Sanchez, Miami, for appellee.

Before NESBITT, LEVY and GERSTEN, JJ.


Appellant, Julian Linares, appeals a final summary judgment in an action on a promissory note and a guaranty in favor of appellee, Banco Central, S.A. We affirm.

Appellant signed an unconditional guaranty "with respect to any and every obligation or liability of the borrower to the Bank, whether now existing or hereafter incurred. . . ." Appellant's guaranty originally secured a promissory note which was paid. However, the borrower thereafter obtained a line of credit on which it defaulted.

Appellee brought an action against appellant on the guaranty. Appellant contends that he is not responsible for any indebtedness incurred after the original promissory note was paid.

The general rule is "that a creditor, who is the holder of an absolute, unlimited, and continuing written guaranty securing the payment of loans and extensions of credit to a principal-debtor, [as here,] is not obligated to give notice to the guarantor thereon, of new loans." Fidelity National Bank of South Miami v. Melo, 366 So.2d 1218 (Fla. 3d DCA 1979).

We find that the guaranty signed by appellant was absolute, unlimited, and continuing. Accordingly, we affirm the final summary judgment finding appellant liable.

Affirmed.


Summaries of

Linares v. Banco Central

District Court of Appeal of Florida, Third District
Jun 18, 1991
581 So. 2d 248 (Fla. Dist. Ct. App. 1991)
Case details for

Linares v. Banco Central

Case Details

Full title:JULIAN LINARES, APPELLANT, v. BANCO CENTRAL, S.A., APPELLEE

Court:District Court of Appeal of Florida, Third District

Date published: Jun 18, 1991

Citations

581 So. 2d 248 (Fla. Dist. Ct. App. 1991)