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CAPITAL BANK v. SCHULER

No. 81-92.

421 So.2d 633 (1982)

CAPITAL BANK, Appellant, v. Lee SCHULER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied December 6, 1982.

Attorney(s) appearing for the Case

Greenberg, Traurig, Askew, Hoffman, Lipoff, Quentel & Wolff and Sue M. Cobb, Miami, for appellant.

Dixon, Dixon, Hurst, Nicklaus & Webb and James A. Dixon, Jr., Miami, for appellee.

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

DANIEL S. PEARSON, Judge.

Mrs. Schuler drew check no. 102, payable to one Charles Mouyos in the amount of $700, on her checking account at Capital Bank. Believing that this check was lost, Schuler cashed another check in the amount of $750 and gave Mouyos $700 in cash. Unbeknownst to Schuler, Mouyos had deposited the $700 check in his account at another bank. The check, having run its course through normal banking channels, arrived at Capital Bank at a time when Schuler...

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