UNIDINIAL MERCANTILE CORPORATION, A PANAMANIAN CORPORATION, APPELLANT,
v.
MANUFACTURERS' HANOVER TRUST COMPANY OF FLORIDA, A FLORIDA CHARTERED TRUST COMPANY, APPELLEE
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PER CURIAM.
Unidinial sued Manufacturers’ Hanover Trust for mismanaging its discretionary investment portfolio. Manufacturers’ Hanover was granted a summary judgment on its affirmative defense that Unidinial had ratified actions of Manufacturers’ which violated the investment criteria established by the parties. •
We agree with Unidinial that, on the ratification defense, Manufacturers' failed to show the nonexistence of issues of material fact. John Sawyer’s Book Co. v. City Nat’l Bank of Miami, 542 So. 2d 1009 (Fla. 3d DCA 1989). Specifically, there is a triable issue of fact whether Unidinial’s failure to timely disapprove of Manufacturers’ unauthorized transactions was caused by misrepresentations or material omissions of the defendant. See Merrill Lynch, Pierce, Fenner & Smith, Inc. v. Cheng, 901 F. 2d 1124 (D.C.Cir.1990).
Reversed and remanded.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Gonzalez v. State, 855 So. 2d 720 (Fla. 3d DCA 2003)…PER CURIAM. Affirmed. See Roberts v. State, 593 So. 2d 323 (Fla. 3d DCA 1992); Jones v. State, 477 So. 2d 26 (Fla. 3d DCA 1985)(defendant not entitled to hearing regarding State’s alleged failure to disclose information where State supplied defendant with all information in its possession).…
Authorities Cited
- John Sawyer's Book Co. v. City Nat'l Bank OF Miami, N.A., 542 So. 2d 1009 (Fla. 3d DCA 1989)
- Merrill Lynch Pierce Fenner & Smith, Inc. v. Rolando and Anita Ong Cheng, 901 F.2d 1124 (D.C. Cir. 1990)