CITY NAT. BANK OF MIAMI N. A. v. WERNICK

No. 77-2517.

368 So.2d 934 (1979)

CITY NATIONAL BANK OF MIAMI, N.A., Appellant, v. Deborah F. WERNICK, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 12, 1979.


Attorney(s) appearing for the Case

Bretan & Marks and Howard R. Hirsch, Miami, for appellant.

Fried, Weil & Scheer and Richard A. Daar, Miami Beach, for appellee.

Before KEHOE and SCHWARTZ, JJ. and CHARLES CARROLL (Ret.), Associate Judge.


SCHWARTZ, Judge.

This case presents the question of whether a person whose name appears as the payee on a check, which is never delivered to her but which is thereafter deposited and credited to the identical account of the maker upon which the check had been drawn, may recover the face amount of the check from the collecting-and-drawee bank. The trial judge, by entering summary judgment below for the plaintiff "payee," answered yes. We say no and order judgment entered...

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