Legal Opinion

Sun Bank of Miami v. E. C. Ernst, Inc.

District Court of Appeal of Florida

Decided March 17, 1981No. 80-743Published

1Per curiam

The final judgment under review is affirmed on the basis that appellant’s right of set-off was negatived by: (a) the non-mutuality of claims, Everglade Cypress Co. v. Tunnicliffe, 107 Fla. 675, 148 So. 192 (1933); (b) the characterization of the account as an account for a special purpose, Tunnicliffe v. Sears, 107 Fla. 669, 148 So. 197 (1932); Coyle v. Pan American Bank of Miami, 377 So.2d 213 (Fla. 3d DCA 1979); Bank of West Orange v. Associates Discount Corp., 197 So.2d 858 (Fla. 4th DCA), cert. denied, 201 So.2d 556 (Fla.1967); and (c) the knowl-. edge of appellant that the disputed funds…

2Cases cited5 opinions

  1. Everglade Cypress Co. v. Tunnicliffe, as Liqdr.Supreme Court of Florida · 1933
  2. Coyle v. Pan American Bank of MiamiDistrict Court of Appeal of Florida · 1979
  3. Tunnicliffe, as Liqdr. v. SearsSupreme Court of Florida · 1932
  4. 4715 Realty Corp. v. CENT. BK & TRUST CO.District Court of Appeal of Florida · 1974
  5. Central Bank & Trust Co. v. ShipmanDistrict Court of Appeal of Florida · 1961

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