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CITIZENS NAT. BK ORLANDO v. EXE. MOTORS, INC.

No. 73-1235.

303 So.2d 54 (1974)

CITIZENS NATIONAL BANK OF ORLANDO, a National Banking Corporation, Appellant, v. EXECUTIVE MOTORS, INC., a Florida Corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

November 15, 1974.

Attorney(s) appearing for the Case

Charles R. Fawsett of Johnson Motsinger Trismen & Sharp, P.A., Orlando, for appellant.

Joseph I. Davis, Miami, for appellee.

PER CURIAM.

Upon examination and consideration of the briefs, oral argument and record on appeal we are of the opinion that the final judgment should be affirmed primarily upon the basis that the instrument in question is not negotiable and that the appellant as a holder thereof did not acquire the rights of a holder in due course. See 4A Fla.Jur., Bills and Notes, sections 77, 262; see also sec. 673.3-305, F.S.A.

Affirmed.

WALDEN and MAGER, JJ., and...

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