ROGER SAADA, APPELLANT,
v.
GRUMMAN CREDIT CORPORATION, APPELLEE
PER CURIAM.
We find no error in the trial court finding that the appellant, individually guaranteed the obligation of a corporation in which he was a principal, Vacation, Inc. v. Southeast First Leasing, Inc., 358 So. 2d 105 (Fla. 3d DCA 1978); Chemical Bank v. Kaufman, 142 A.D.2d 526, 530 N.Y.S.2d 582 (N.Y.App.Div.1988),1 and that the guarantor could not successfully urge a lack of notice of default to the principal obligor. Chris Craft Industries, Inc. v. Van Valkenberg, 267 So. 2d 642 (Fla.1972); Anderson v. Trade Winds Enterprises Corp., 241 So. 2d 174 (Fla. 4th DCA 1970); cf United States v. Little Joe Trawlers, Inc., 776 F. 2d 1249 (5th Cir.1985) (Interpreting Texas Law.)
Final judgment is affirmed.
Affirmed.
. To adopt appellant’s argument that he executed the guarantee only in a corporate capacity would make the guarantee superfluous or a legal nullity because the corporation would be guaranteeing its own debt. Central National Bank of Miami v. Muskat Corporation of America, Inc., 430 So. 2d 957 (Fla. 3d DCA 1983); Stein v. Miss Franie’s, Inc., 417 So. 2d 726 (Fla. 1st DCA 1982); Roy v. Davidson Equipment, Inc., 423 So. 2d 496 (Fla 4th DCA 1982).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Great Lakes Prods., Inc. v. Wojciechowski, 878 So. 2d 418 (Fla. 3d DCA 2004)…y executed a guaranty only in his corporate capacity, did not defeat a finding that the guarantor was individually liable; the express and unambiguous provisions of the guaranty made the guarantor individually liable); Saada v. Grumman Credit Corp., 583 So. 2d 430, 431, fn. 1 (Fla. 3d DCA 1991) (finding no error in the trial court finding that the appellant individually guaranteed the obligation of a corporation in which he was a principal; “[T]o adopt appellant’s argument that he executed the guarantee only…
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Brewfab, LLC v. 3 Delta, Inc. (M.D. Fla. 2022)
Authorities Cited
- Anderson v. Trade Winds Enters. Corp., 241 So. 2d 174 (Fla. 4th DCA 1970)
- ROY v. Davidson Equip., Inc., 423 So. 2d 496 (Fla. 4th DCA 1982)
- Chris Craft Indus., Inc. v. VAN Valkenberg, 267 So. 2d 642 (Fla. 1972)
- Kane v. Hebert, 430 So. 2d 957 (Fla. 3d DCA 1983)
- Cent. Nat'l Bank OF Miami v. Muskat Corp. OF Am., Inc., 430 So. 2d 957 (Fla. 3d DCA 1983)
- United States v. Little JOE Trawlers, Inc., 776 F.2d 1249 (5th Cir. 1985)
- Stein v. Miss Franie's, Inc., 417 So. 2d 726 (Fla. 1st DCA 1982)
- Vacation, Inc. v. Se. First Leasing, Inc., 358 So. 2d 105 (Fla. 3d DCA 1978)