FIRST IND. BANK v. STOTTLEMYER & SHOEMAKER

No. 79-1403.

384 So.2d 952 (1980)

FIRST INDEPENDENT BANK, N.A., Appellant, v. STOTTLEMYER AND SHOEMAKER LUMBER COMPANY, a Florida Corporation, Sarasota Kennel Club, Inc., a Florida Corporation, John E. Johnson and John D. Agnew, As Directors of Florida Construction Consultants, Inc., a Dissolved Florida Corporation, Jerry Collins, Estate of C.E. Newman, and Lola Collins, Appellees.

District Court of Appeal of Florida, Second District.

June 18, 1980.


Attorney(s) appearing for the Case

M. Joseph Lieb, Jr. of Crabtree, Butler, Syprett & Meshad, Sarasota, for appellant.

Johnson S. Savary of Kirk, Pinkerton, McClelland, Savary & Carr, Sarasota, for appellee Stottlemyer and Shoemaker Lumber Company.


BOARDMAN, Judge.

First Independent Bank, N.A., defendant below, appeals a final summary judgment finding it liable to appellee Stottlemyer & Shoemaker Lumber Company for improper payment to Florida Construction Consultants, Inc. (Consultants) of a check payable jointly to appellee and Consultants which appellee had not endorsed. We reverse.

In 1976, defendant Sarasota Kennel Club, Inc. (the Club) employed Consultants to construct certain improvements and...

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