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DEL RIO DISCOUNT, CORP. v. COMMERCIAL BANK OF FLA.

No. 91-1100.

593 So.2d 527 (1991)

DEL RIO DISCOUNT, CORP., Appellant, v. COMMERCIAL BANK OF FLORIDA, Barnett Bank of South Florida, N.A., North Ridge Bank and NCNB National Bank, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 17, 1992.

Attorney(s) appearing for the Case

Catlin, Saxon, Tuttle & Evans and Brian L. Fink, Miami, for appellant.

Valdes-Fauli, Cobb, Petrey & Bischoff and Jeremy J. Hart, Kelley Drye & Warren and Henry H. Bolz, III and Babak Boghraty, Miami, Rosenberg & Rothman, Heinrich, Gordon, Batchelder, Hargrove, Weihe & Gent and Lillian W. Conrad, Ft. Lauderdale, for appellees.

Before BARKDULL, GERSTEN and GODERICH, JJ.

PER CURIAM.

The trial court properly granted a summary judgment in favor of the several banks pursuant to provisions of Section 673.405(1)(b)1. Because this section provides an absolute defense (absent a showing of bad faith) on the part of a bank as a result of a maker or its agent designating a fictitious payee and then endorsing same, McAdam v. Dean Witter Reynolds, Inc., 896 F.2d 750 (3rd Cir...

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