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CAPITAL BANK v. MEYERS

No. 90-46.

573 So.2d 120 (1991)

CAPITAL BANK, Appellant, v. Hillel MEYERS, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 12, 1991.

Attorney(s) appearing for the Case

Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel and Stuart H. Singer and David T. Azrin, Miami, for appellant.

Greenfield & Duval, North Miami, Buchbinder & Elegant and Harris Buchbinder, Miami, and Louis Arslanian, North Miami, for appellees.

Before SCHWARTZ, C.J., and HUBBART and GODERICH, JJ.

SCHWARTZ, Chief Judge.

Capital Bank was sued by Holiday Clubs for mistakenly and unauthorizedly permitting the withdrawal of $45,000 from an account in the bank which, it had agreed, would not be disbursed without Holiday's consent. After the trial court entered summary judgment on liability in Holiday's favor, the bank settled the case for $40,000. In a third party action, the bank sought to recover the amount of the settlement from

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