CAPITAL NAT. BK. OF MIAMI v. CHANCELLOR PROP., INC.

No. 72-1403.

291 So.2d 35 (1974)

CAPITAL NATIONAL BANK OF MIAMI, Now Known As Peoples Downtown National Bank, a National Banking Association, Appellant, v. CHANCELLOR PROPERTIES, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 25, 1974.


Attorney(s) appearing for the Case

Ward, Ward, Straessley & Heath, Prunty, Ross, DeLoach & Olsen, Miami, for appellant.

Lazan & Trute, Bay Harbor Island, Courshon & Berk, Miami Beach, Leo Greenfield, North Miami, for appellee.

Before BARKDULL, C.J., and CARROLL and HENDRY, JJ.


BARKDULL, Chief Judge.

Appellant, defendant in the trial court, seeks review of an adverse final judgment determining the rights of the plaintiff to share in the payments on certain loans, and that the defendant owed a fiduciary duty to plaintiff to protect the collateral securing these loans.

The record on appeal reveals that the appellant-defendant, Capital National Bank of Miami, made loans to Jules Sokoloff, president of Yarmouth Steamship Company and...

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