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BARNETT BANK v. STATE, DEPT. OF INS.

No. BP-155.

507 So.2d 142 (1987)

BARNETT BANK OF JACKSONVILLE, N.A., Appellant, v. STATE of Florida ex rel. the DEPARTMENT OF INSURANCE, Appellee.

District Court of Appeal of Florida, First District.

May 5, 1987.

Attorney(s) appearing for the Case

Robert J. Winicki of Mahoney, Adams, Milam, Surface & Grimsley, Jacksonville, for appellant.

Robert J. Castellanos, Florida Dept. of Ins. Div. of Rehabilitation and Liquidation, Tallahassee, for appellee.

ZEHMER, Judge.

Barnett Bank filed a petition in the ancillary receivership proceedings against Midland Insurance Company (Midland), an insolvent insurer, seeking court approval of a setoff under section 631.281, Florida Statutes (1985). The trial court denied the petition and Barnett appeals. We reverse because Barnett demonstrated the mutuality of obligation necessary to establish the right to an offset under section 631...

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