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FEDERAL DEPOSIT INS. CORP. v. WEISSER

No. 80-880.

391 So.2d 733 (1980)

FEDERAL DEPOSIT INSURANCE CORPORATION, As Liquidator of Franklin National Bank, in Liquidation, Appellant, v. Michael H. WEISSER, Appellee.

District Court of Appeal of Florida, Third District.

December 23, 1980.

Attorney(s) appearing for the Case

Blackwell, Walker, Gray, Powers, Flick & Hoehl and James C. Blecke, Miami, for appellant.

William J. Segal and Robert A. Shupack, North Miami Beach, for appellee.

Before BARKDULL, BASKIN and DANIEL S. PEARSON, JJ.

BASKIN, Judge.

We are asked to review the trial court's order dismissing with prejudice the second amended complaint filed by Federal Deposit Insurance Corporation. The trial court found that FDIC, as liquidator, lacked standing to file an action against appellee for the non-payment of notes and guarantees he executed in favor of Franklin National Bank. We reverse.

When Franklin National Bank failed, FDIC was named...

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