WILLIAM GEORGE NETTLES, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Travelers Ins. Co. v. Jefferson Nat'l Bank AT Kendall, 404 So. 2d 1131 (Fla. 3d DCA 1981)
  …s since the bank failed to preserve this issue below. Finally, Jef [*1134] ferson argues that the court should have instructed the jury on the rule of law stated in Ruwitch v. First National Bank of Miami, 291 So. 2d 650 (Fla. 3d DCA), cert. denied, 305 So. 2d 196 (Fla.1974), which, as Jefferson interprets it, would place on Travelers, as GAC’s paid surety, a heavier burden than GAC itself would have in demonstrating negligence on the part of Jefferson. We disagree. The trial court properly refused to instruc…
• Dixie Nat'l Bank OF Dade Cnty. v. Emp'rs Commercial Union Ins. Co. OF Am., 463 So. 2d 1147 (Fla. 1985)
  …action, the subrogation claimant must affirmatively establish superior equities in himself over the one against whom subrogation is sought to be enforced. See Ruwitch v. First National Bank of Miami, 291 So. 2d 650 (Fla. 3d DCA 1974), cert. denied, 305 So. 2d 196 (Fla.1974). Dixie National Bank v. Employers Commercial Union Insurance Co. of America v. Carney, No. 75-768-CIV-EBD (S.D.Fla. 1982), slip op. at 2. The district court rejected Employers’ attempt to improve its position as a “conventional subrogee”…
• Cheek v. McGOWAN Elec. Supply Co., 483 So. 2d 1373 (Fla. 1st DCA 1985)
  …lity for Cook’s failure to pay rests with Cheek, the party who was in the better position to protect himself and who also initiated the credit arrangement. In Ruwitch v. First National Bank of Miami, 291 So. 2d 650 (Fla. 3d DCA 1974), cert. denied, 305 So. 2d 196 (Fla.1975), a bank extended credit to a corporate debtor, Harmony, Inc., based on guaranties purportedly executed by the president and vice president of that corporation. In fact, credit was extended based on a forged guaranty made by one Baker, who…

Authorities Cited

• Electra G. Scharps v. Scharps, 293 So. 2d 378 (Fla. 2d DCA 1974)