Falls at Naples, Ltd. v. Barnett Bank of Naples, N.A.

I concur in the majority opinion, but I am concerned that the limited partners’ description of their affirmative defense as an issue of “due care” could be misconstrued. We are not creating any affirmative defense in the nature of comparative negligence concerning claims on guarantees. Primarily, we are requiring the trial court to consider parol evidence before enforcing a power of attorney that does not contain an express power to guarantee.

In this case, the limited partners maintain that the powers of attorney they executed were not intended to allow Mr. Levine to execute personal…