Moya v. U.S. Bank

Full title: David E. Moya, et al., Appellants, v. U.S. Bank National Association…

Court: Florida Court of Appeals, Third District

Date published: Oct 27, 2021

No. 3D21-339 (Fla. Dist. Ct. App. Oct. 27, 2021)

Opinion

3D21-339

10-27-2021

David E. Moya, et al., Appellants, v. U.S. Bank National Association, etc., Appellee.

Samuel D. Lopez, P.A., and Samuel D. Lopez (Southwest Ranches), for appellants. Diaz Anselmo & Associates, P.A., and Adam A. Diaz, Roy A. Diaz and Marie A. Potopsingh (Fort Lauderdale), for appellee.

PER CURIAM.

Not final until disposition of timely filed motion for rehearing.

An Appeal from the Circuit Court for Miami-Dade County, Alan Fine, Judge. Lower Tribunal No. 18-17924

Samuel D. Lopez, P.A., and Samuel D. Lopez (Southwest Ranches), for appellants.

Diaz Anselmo & Associates, P.A., and Adam A. Diaz, Roy A. Diaz and Marie A. Potopsingh (Fort Lauderdale), for appellee.

Before FERNANDEZ, C.J., and LOGUE and BOKOR, JJ.

PER CURIAM.

Affirmed. See HSBC Bank USA, Nat'l Ass'n v. Buset, 241 So.3d 882, 889 (Fla. 3d DCA 2018) ("Once this blank indorsement was made on the note, the note became bearer paper, fully negotiable by simple transfer, like a signed check made out to cash or a signed check with the payee left blank. Negotiability by simple transfer is one of the defining characteristics of this type of commercial paper. It reflects one major difference between a negotiable instrument and, for example, a deed to land." citing § 673.2011, Fla. Stat. (2018) ("If an instrument is payable to bearer, it may be negotiated by transfer of possession alone.")).