JOAQUIN C. ROCA, AS DIRECTOR/TRUSTEE OF CIBELES JEWELRY GROUP, INC., A DISSOLVED FLORIDA CORPORATION, APPELLANT,
v.
REPUBLIC NATIONAL BANK OF MIAMI, A NATIONAL BANKING ASSOCIATION, APPELLEE; REPUBLIC NATIONAL BANK OF MIAMI, A NATIONAL BANKING ASSOCIATION, APPELLANT, V. JOAQUIN C. ROCA, AS DIRECTOR/TRUSTEE OF CIBELES JEWELRY GROUP, INC., A DISSOLVED FLORIDA CORPORATION, APPELLEE
JOAQUIN C. ROCA, AS DIRECTOR/TRUSTEE OF CIBELES JEWELRY GROUP, INC., A DISSOLVED FLORIDA CORPORATION, APPELLANT,
REPUBLIC NATIONAL BANK OF MIAMI, A NATIONAL BANKING ASSOCIATION, APPELLEE; REPUBLIC NATIONAL BANK OF MIAMI, A NATIONAL BANKING ASSOCIATION, APPELLANT, V. JOAQUIN C. ROCA, AS DIRECTOR/TRUSTEE OF CIBELES JEWELRY GROUP, INC., A DISSOLVED FLORIDA CORPORATION, APPELLEE
512 So. 2d 1044
Florida District Court of Appeal, Third District (1987)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
On the appeal by Roca, as Director/Trustee of Cibeles Jewelry Group, Inc., a dissolved Florida corporation, we affirm the trial court’s orders striking his claims for conversion, civil theft, and punitive damages. On the cross-appeal by Republic National Bank from a final judgment for Roca on Cibeles’ contract claim, we reverse upon a holding that the trial court erred in excluding expert testimony proffered by the bank as to the custom and practice of the local banking industry, which testimony was intended to elucidate the meaning of the ambiguous language contained in the defendant’s Exhibit A, that is, Cibeles’ acceptance of “all responsibility for the issuance of this guaranty.”
Affirmed in part; reversed in part, and remanded.
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Republic Nat'l Bank OF Miami, N.A. v. Roca, 534 So. 2d 736 (Fla. 3d DCA 1988)…ed the trial court’s order on final judgment and remanded with directions for the trial court to receive the expert testimony which was intended to elucidate the meaning of the ambiguous phrase concerning responsibility. Roca v. Republic Nat'l Bank, 512 So. 2d 1044 (Fla. 3d DCA 1987). Upon remand, the trial court heard unrebutted expert testimony establishing that such guaranties customarily substitute for drafts and shipping documents aiyl serve to protect the bank against claims that might arise from its aut…