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CITY OF DEERFIELD BEACH v. FLA. NAT. BK. OF PALM BEACH CTY.

Nos. 82-465, 82-466 and 82-922.

428 So.2d 779 (1983)

CITY OF DEERFIELD BEACH, a Florida Municipal Corporation, Appellant, v. FLORIDA NATIONAL BANK OF PALM BEACH COUNTY f/k/a Florida National Bank and Trust Company at West Palm Beach, Flagship Bank of West Palm Beach and Southeast Bank, Successor by Merger to Southeast Bank of Deerfield Beach, Appellees.

District Court of Appeal of Florida, Fourth District.

March 30, 1983.

Attorney(s) appearing for the Case

Joseph Easthope and Ronald J. Hartnett of Houston, Faircloth, Easthope & Traver, Fort Lauderdale, for appellant.

Victoria F. Peet of Gibson & Gibson, P.A., West Palm Beach, for appellee Florida Nat.

David D. Welch of Musselman, Welch & Korthals, Pompano Beach, for appellee Southeast Bank.

PER CURIAM.

The City of Deerfield Beach appeals from three orders dismissing its complaint against the appellee banks, with prejudice, for failure to state a cause of action.

In 1977, appellant sent Asphalt Paving Company of Florida, Inc. (Asphalt) four checks bearing language on the reverse side stating that acceptance by the payee constituted a release of appellant from any obligations due to Asphalt under a construction...

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