FLAGSHIP NATIONAL BANK, APPELLANT,
v.
GRAY DISTRIBUTION SYSTEMS, INC., G.D.S. DRUGS, INC., G.D.S., INC., GRAY TOBACCO COMPANY, INC., SAMUEL GRAY AND MARILYN GRAY, APPELLEES
PER CURIAM.
Following this court’s opinion reported in Flagship National Bank of Miami v. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983) the matter recurred in the trial court which entered a judgment on severed count VI of the counter-claim finding that the settlement agreement of November 20, 1978, was procured in part through the breach of the fidelity owed to the appellees by their attorney, which fidelity was compromised by the appellant bank. This appeal ensued. We find that it is an appealable order. Mendez v. West Flagler Family Association, Inc., 303 So. 2d 1 (Fla.1974). Following a review of the record and the findings of fact made by the trial judge, we affirm same. Smith v. Hamilton, 428 So. 2d 382 (Fla. 4th DCA 1983); Mori v. Matsushita Electric Corporation of America, 380 So. 2d 461 (Fla. 3d DCA 1980); Castellanos v. Hialeah-Miami Springs First State Bank, 330 So. 2d 100 (Fla. 3d DCA 1976); Brune v. Kings Creek of Gainesville, Inc., 317 So. 2d 848 (Fla. 1st DCA 1975).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Flagship Nat'l Bank v. Gray Distrib. Sys., Inc., 485 So. 2d 1336 (Fla. 3d DCA 1986)…med on the basis that the settlement agreement was procured “in part through the breach of the fidelity owed to the [Grays] by their attorney, which fidelity was compromised by [Flagship].” Flagship National Bank v. Gray Distributions Systems, Inc., 445 So. 2d 1080 (Fla. 3d DCA 1984).* Trial proceeded on the remaining claims and culminated in the entry of a final judgment affirming the summary judgment in favor of Flagship, but vacating the amount of the deficiency award; finding in favor of Gray as to the cl…1 / 2
Authorities Cited
- Mendez v. W. Flagler Fam. Ass'n, Inc., 303 So. 2d 1 (Fla. 1974)
- Lippman v. Longergan, 380 So. 2d 461 (Fla. 1st DCA 1980)
- Flagship Nat'l Bank OF Miami v. The Honorable Thomas A. Testa, 429 So. 2d 69 (Fla. 3d DCA 1983)
- Castellanos v. Hialeah-Miami Springs First State Bank, 330 So. 2d 100 (Fla. 3d DCA 1976)
- Brune v. Kings Creek OF Gainesville, Inc., 317 So. 2d 848 (Fla. 1st DCA 1975)
- Demaggio v. Biagio Gene Demaggio, 317 So. 2d 848 (Fla. 2d DCA 1975)
- Smith v. Hamilton, 428 So. 2d 382 (Fla. 4th DCA 1983)