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NICHOLS v. FIRST NATIONAL BANK OF HOLLYWOOD

No. 83-499.

444 So.2d 552 (1984)

Harold NICHOLS, Appellant, v. FIRST NATIONAL BANK OF HOLLYWOOD, F/K/a First National Bank of Hallandale, a National Banking Association, and Bank Leumi Trust Company of New York, Appellees.

District Court of Appeal of Florida, Fourth District.

January 25, 1984.

Attorney(s) appearing for the Case

James M. Miller of Stroock, Stroock & Lavin, Miami, for appellant.

Joseph J. Huss and Jack F. Weins of Abrams, Anton, Robbins, Resnick, Schneider & Mager, Hollywood, for appellees.

Sheldon Rosenberg of Ress, Gomez, Rosenberg & Howland, North Miami, for Bank Leumi Trust.

PER CURIAM.

We reverse the summary judgment entered in favor of First National Bank of Hollywood, f/k/a First National Bank of Hallandale, a national banking association, and against Harold Nichols, because there was an unresolved genuine issue of material fact as to whether or not the payee of the check, Sal Cataldo, who did not endorse the check, received the check proceeds.

Reversed and remanded.

ANSTEAD, C.J., and BERANEK and WALDEN...

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