THE CITY NATIONAL BANK OF CORAL GABLES, A UNITED STATES BANKING CORPORATION, APPELLANT,
v.
H. & B. CONSTRUCTION CORP., A FLORIDA CORPORATION, GREATER MIAMI FEDERAL SAVINGS AND LOAN ASSOCIATION, A UNITED STATES FEDERAL SAVINGS & LOAN ASSOCIATION, AND MANUEL HOFFMAN AND JEANNETH B. HOFFMAN, HIS WIFE, APPELLEES
THE CITY NATIONAL BANK OF CORAL GABLES, A UNITED STATES BANKING CORPORATION, APPELLANT,
H. & B. CONSTRUCTION CORP., A FLORIDA CORPORATION, GREATER MIAMI FEDERAL SAVINGS AND LOAN ASSOCIATION, A UNITED STATES FEDERAL SAVINGS & LOAN ASSOCIATION, AND MANUEL HOFFMAN AND JEANNETH B. HOFFMAN, HIS WIFE, APPELLEES
183 So. 2d 704
Florida District Court of Appeal, Third District (1966)
Positive Treatment
Cited by 3 cases
Opinion of the Court
The plaintiff-appellant, The City National Bank of Coral Gables, appeals a summary final judgment for defendant, Greater Miami Federal Savings & Loan Association. The action by the Bank was upon an assignment of loan proceeds made by a contractor to the Bank for the purpose of securing a personal loan from the Bank to the contractor. The facts before the trial court demonstrate without issue that there were no proceeds which could have been claimed by the contractor. The assignee occupies the same position as the assignor. The summary final judgment is affirmed upon the authority of Florida East Coast Ry. Co. v. Eno, 99 Fla. 887, 128 So. 622, 626, 70 A.L.R. 506 (1930).
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Chrysler Credit Corp. v. United Servs. Auto. Ass'n, 625 So. 2d 69 (Fla. 1st DCA 1993)…lity insurance policy provided to him by U.S.A.A., the assignee took that assignment subject to the specific [*74] language in the policy engrafting the family member exclusion onto Part A. See City Nat’l Bank of Coral Gables v. H & B Constr. Corp., 183 So. 2d 704 (Fla. 3d DCA 1966). The rental agreement between H-K Leasing and Hagen did not rewrite the U.S.A.A. auto insurance policy, eliminate the exclusion, or expand the coverage. Given the specific effect of the family exclusion clause, the additional insu…
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Shlomo Korach v. Anderson, 528 So. 2d 548 (Fla. 3d DCA 1988)…PER CURIAM. Affirmed. See and compare City National Bank of Coral Gables v. H. & B. Construction Corp., 183 So. 2d 704 (Fla. 3d DCA 1966); Dade-Commonwealth Title Insurance Company v. Biscayne Kennel Club, Inc., 143 So. 2d 713 (Fla. 3d DCA 1962); Sykes v. Booth, 119 So. 2d 66 (Fla. 2d DCA 1960).…
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Radio S. Dade, Inc. v. Marrero, 572 So. 2d 3 (Fla. 3d DCA 1990)…as such, succeeds to such creditor’s rights — which necessarily include the right to execute on the subject judgment. Florida East Coast Ry. v. Eno, 99 Fla. 887, 894, 128 So. 622, 626 (1930); City Nat’l Bank of Coral Gables v. H. & B. Constr. Corp., 183 So. 2d 704 (Fla. 3d DCA 1966); 4 Fla.Jur.2d Assignments § 16 (1978). It is undisputed that the judgment creditor Manuel Arques’ rights to collect on the subject judgment were in no way affected by a prior action brought by Radio South Dade, Inc. to collect o…
Authorities Cited
- Fla. E. Coast Ry. Co. v. Eno, 99 Fla. 887 (Fla. 1930)