EDWIN G. GARNER AND KATHRYN N. GARNER, HIS WIFE, APPELLANTS,

v.

C. A. GIBEAUT, INC., A FLORIDA CORPORATION, AND LIBERTY MUTUAL INSURANCE COMPANY, A FOREIGN CORPORATION AUTHORIZED TO DO BUSINESS IN THE STATE OF FLORIDA, APPELLEES

Citator

Cited By

• Institutional & Supermarket Equip., Inc. v. C & S Refrigeration, Inc., 609 So. 2d 66 (Fla. 4th DCA 1992)
  …ment. Causeway Lumber Co., Inc. v. King, 502 So. 2d 80 (Fla. 4th DCA 1987). It is further undisputed that Seay’s sale of C & S to the Greenes did not terminate his liability under the guaranty agreement. Kerr-McGee Chemical Corp. v. CUB Farms, Inc., 340 So. 2d 483 (Fla. 4th DCA 1976), cert. denied, 348 So. 2d 946 (Fla.1977). The guaranty provides an express method for termination: This agreement may be terminated (so far as relates to new obligations of Borrower) only upon written notice to that effect deli…
• Justo Sanz v. Prof'l Underwriters Ins. Agency, 560 So. 2d 1254 (Fla. 3d DCA 1990)
  …interest in a corporation, in and of itself, does not also terminate liability under a separate personal guaranty agreement unless the termination provisions of the agreement are complied with. See Kerr-McGee Chemical Corporation v. GHB Farms, Inc., 340 So. 2d 483 (Fla. 4th DCA 1976), cert. denied, 348 So. 2d 946 (Fla.1977). Thus, a personal guaranty continues until it is revoked. Causeway Lumber Company, Inc. v. King, 502 So. 2d 80 (Fla. 4th DCA 1987). Because appellant failed to comply with the terminatio…
• Steeprow Enters., Inc. v. Monier Roof Tile, Inc., 644 So. 2d 168 (Fla. 4th DCA 1994)
  …true them as an attempt to raise affirmative defenses, they failed to state a viable defense. See Institutional & Supermarket Equip., Inc. v. C & S Refrigeration, Inc., 609 So. 2d 66 (Fla. 4th DCA 1992); Kerr-McGee Chemical Corp. v. CHB Farms, Inc., 340 So. 2d 483 (Fla. 4th DCA 1976). DELL, C.J., and HERSEY and WARNER, JJ., concur.…

Authorities Cited

• Lucien H. Martel v. Gibeaut, Inc., 330 So. 2d 493 (Fla. 4th DCA 1976)