FIRST NATIONAL BANK OF MIRAMAR, PETITIONER,
v.
GERALD A. LEWIS, AS COMPTROLLER AND AS HEAD OF THE DEPARTMENT OF BANKING AND FINANCE OF THE STATE OF FLORIDA, AND BARNETT BANK OF HOLLYWOOD IN MIRAMAR, FLORIDA, APPEARING IN PROPER PERSON AS BARNETT BANK OF BROWARD COUNTY, RESPONDENTS

Fla. 1st DCA | 1978-09-01
No. II-479
SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.
362 So. 2d 968 Florida District Court of Appeal, First District (1978)

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Synopsis

The court reversed the trial court's order appointing a successor trustee, finding that the conditions for the named successor bank to take over had not been met.


Holding

The court reversed the appointment of a new co-trustee, finding that the conditions precedent for the Barnett Bank to become successor trustee had not occurred.


Facts & Procedural History

A will named co-trustees and designated Barnett First National Bank as successor trustee if either co-trustee predeceased, failed to serve, or died wh…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Petitioner brings for review the final agency action of the Comptroller of the State of Florida in granting the application of the Barnett Bank of Hollywood to open a branch bank in the City of Miramar. Upon considering the briefs, the record and oral argument, we find no reversible error in this case. See McDonald v. Dept. of Banking and Finance, 346 So. 2d 569 (Fla. 1st DCA 1977), and Fraser v. Lewis, 360 So. 2d 1116 (Fla. 1st DCA 1978). Accordingly, the Petition for Review is DENIED.

SMITH, Acting C. J., and MELVIN and BOOTH, JJ., concur.


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