From Casetext: Smarter Legal Research

Lake Forest Park v. Federal Financial

District Court of Appeal of Florida, Third District
Oct 28, 1998
723 So. 2d 301 (Fla. Dist. Ct. App. 1998)

Opinion

No. 97-3563

Opinion filed October 28, 1998 JULY TERM, A.D. 1998

An appeal from the Circuit Court for Dade County, David L. Tobin, Judge. L.T. No. 95-17061.

Kelley Drye Warren, L.L.P. and Irving M. Wolff; Gustavo Gutierrez, for appellants.

Keith Mack, L.L.P., and R. Hugh Lumpkin, and Karl J. Schumer, for appellee.

Before SCHWARTZ, C.J., and NESBITT and GREEN, JJ.


The appellants, the makers and/or guarantors on two promissory notes, appeal a final summary judgment entered in favor of the appellee, Federal Financial Company, a successor in interest to the Resolution Trust Corporation ("RTC"). Based upon our careful review of the undisputed record evidence before us, we conclude that the trial court correctly determined, as a matter of law, that both notes were negotiable instruments pursuant to section 673.1041(1), Florida Statutes (1995); and that the appellee, as successor to the RTC, was entitled to federal holder in due course status so as to bar all personal defenses raised by the appellants to this cause. See Kasket v. Chase Manhattan Mortgage Corp., 695 So.2d 431, 435 (Fla. 4th DCA 1997); Smania v. Mundaca Inv. Corp., 629 So.2d 242, 244 (Fla. 3d DCA 1993);Lassiter v. Resolution Trust Corp., 610 So.2d 531, 537 (Fla. 5th DCA 1992); see also Federal Deposit Ins. Corp. v. Bledsoe, 989 F.2d 805, 810-11 (5th Cir. 1993); Resolution Trust Corp. v. Jet Stream, Ltd., 790 F. Supp. 1130, 1137-38 (M.D. Fla. 1992). We therefore affirm.

Affirmed.


Summaries of

Lake Forest Park v. Federal Financial

District Court of Appeal of Florida, Third District
Oct 28, 1998
723 So. 2d 301 (Fla. Dist. Ct. App. 1998)
Case details for

Lake Forest Park v. Federal Financial

Case Details

Full title:LAKE FOREST PARK, INC., and MICHAEL VAZQUEZ, and CAMILO PADREDA, and JOSE…

Court:District Court of Appeal of Florida, Third District

Date published: Oct 28, 1998

Citations

723 So. 2d 301 (Fla. Dist. Ct. App. 1998)