B. S. MERRITT, APPELLANT,
v.
BANKERS TRUST COMPANY, A NEW YORK CORPORATION, APPELLEE
B. S. MERRITT, APPELLANT,
BANKERS TRUST COMPANY, A NEW YORK CORPORATION, APPELLEE
378 So. 2d 1305
Florida District Court of Appeal, Fourth District (1980)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
The trial court concluded appellee to be a holder in due course. Section 673.302, Florida Statutes (1971). While the evidence was conflicting, the record supports the trial court’s decision. Sections 673.303, 674.-208, Florida Statutes (1971).
AFFIRMED.
BERANEK, HERSEY and GLICK-STEIN, JJ., concur.
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State v. Daniels, 400 So. 2d 498 (Fla. 5th DCA 1981)…to section 914.04 did not preclude prosecution for any false statements made by Daniels during the investigation. U. S. v. Mandujano, 425 U.S. 564, 96 S.Ct. 1768, 48 L.Ed.2d 212 (1976); Gordon v. State, 104 So. 2d 524 (Fla.1958); State v. Saunders, 378 So. 2d 1305 (Fla. 4th DCA 1980). Because Daniels had immunity to respond truthfully to the State’s investigative subpoena, no Miranda warnings were required. The order granting the motion to suppress is reversed and the case is remanded for further proceedings…