HERBERT HERNANDEZ, APPELLANT,
v.
JOSEPH F. MCDERMOTT, APPELLEE

Fla. 2d DCA | 1985-03-01
No. 84-1976
GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.
464 So. 2d 635 Florida District Court of Appeal, Second District (1985) Positive Treatment
Cited by 4 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Hernandez seeks to appeal the circuit court’s affirmance of the county court’s order of dismissal for lack of prosecution. We treat this case as a petition for writ of certiorari and deny it.

GRIMES, A.C.J., and DANAHY and SCHOONOVER, JJ., concur.


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  • Fleitas v. Union Chelsea Nat'l Bank, 687 So. 2d 911 (Fla. 3d DCA 1997)
    …because the check was deposited in the Union Chelsea National Bank, a New York institution, by someone who absconded with the funds. In this action on the cheek by the Fleitases against both banks, see Larkin General Hosp., Ltd. v. Bank of Florida, 464 So. 2d 635 (Fla. 3d DCA 1985); Florida Bar v. Allstate Ins. Co., 391 So. 2d 238 (Fla. 3d DCA 1980), pet. for review denied, 399 So. 2d 1140 (Fla.1981), the trial court dismissed the action as against Union Chelsea1 for lack of jurisdiction over its person. We…
  • Lamb v. Allstate Ins. Co., 808 So. 2d 1254 (Fla. 3d DCA 2002)
    …lstate itself. Plaintiff alleged that Allstate was liable for the payment of the instrument on a forged endorsement. See The Florida Bar v. Allstate Ins. Co., 391 So. 2d 238 (Fla. 3d DCA 1980); see also Larkin General Hosp., Ltd. v. Bank of Florida, 464 So. 2d 635 (Fla. 3d DCA 1985); Messeroff v. Kantor, 261 So. 2d 553 (Fla. 3d DCA 1972). On the merits, we agree with Judge Gordon that the instrument at issue here is a check drawn on Allstate’s bank, and is not a draft drawn on Allstate itself. The instrument…

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