GERBER v. CITY NAT. BANK OF FLORIDA

No. 92-1638.

619 So.2d 328 (1993)

Steven E. GERBER, Appellant, v. CITY NATIONAL BANK OF FLORIDA, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied June 22, 1993.


Attorney(s) appearing for the Case

Garry C. Faske, North Miami, for appellant.

Lapidus & Frankel and Robert Frankel, Miami, for appellee.

Before NESBITT, LEVY and GERSTEN, JJ.


LEVY, Judge.

A bank customer appeals the dismissal of his complaint against a bank as being barred by Section 674.406(4), Florida Statutes (1991). Based upon our finding that the one-year time limitation in Section 674.406(4) is a notice requirement, and not a statute of limitations, we reverse.

Steven Gerber had a joint checking account with his mother at City National Bank of Florida. In March of 1992, Gerber filed suit against the bank, seeking to recover...

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