CITIBANK INTERN. v. MERCOGLIANO

Nos. 90-953, 90-382.

574 So.2d 1190 (1991)

CITIBANK INTERNATIONAL, Appellant, v. Diane V. MERCOGLIANO, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 14, 1991.


Attorney(s) appearing for the Case

Shutts & Bowen, and Pamela J. Reynolds, Miami, for appellant.

Truman A. Skinner, Miami, for appellee.

Before HUBBART, BASKIN and LEVY, JJ.


LEVY, Judge.

Citibank International appeals an adverse summary judgment in its foreclosure action which involved a note and mortgage executed by appellee, Diane V. Mercogliano, as a payback for funds which had been embezzled from Citibank by a friend of Mercogliano. Mercogliano had purchased a home using, in part, embezzled funds in the form of a check made payable directly to the seller for the sum of $70,987.93. The check was a Citibank manager's check, endorsed...

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