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SOUTHEAST FIRST NAT. BANK OF MIAMI v. SCUTIERI

No. 80-2012.

396 So.2d 859 (1981)

SOUTHEAST FIRST NATIONAL BANK OF MIAMI, a National Banking Association, Appellant, v. Philip J. SCUTIERI, Jr., Appellee.

District Court of Appeal of Florida, Third District.

April 14, 1981.

Attorney(s) appearing for the Case

Steel, Hector & Davis and Darrey A. Davis, Miami, for appellant.

Tew, Spittler & Berger, Miami, for appellee.

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

FERGUSON, Judge.

This appeal is from an order of the trial court directing appellant-bank to pay appellee-depositor a sum representing an amount purportedly earmarked for a specific purpose.1 We reverse.

On April 18, 1980 Southeast First National Bank of Miami sued Sundale Associates Ltd., the Sunrise Club, Inc., and Philip Scutieri, Jr. to foreclose a series of mortgages. Scutieri, as president of Sunrise Club, executed the notes...

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