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BANK OF WINTER PARK v. RTC

No. 92-3102.

633 So.2d 53 (1994)

The BANK OF WINTER PARK, Appellant, v. RESOLUTION TRUST CORPORATION, Appellee.

District Court of Appeal of Florida, Fifth District.

February 11, 1994.

Attorney(s) appearing for the Case

Houston E. Short, Frank L. Pohl and Sherri K. Dewitt of Graham, Clark, Pohl & Jones, Winter Park, for appellant.

J. Thomas Cardwell and Peter L. Pollock, Jr. of Akerman, Senterfitt & Eidson, P.A., Orlando, for amicus curiae.

Thomasina H. Williams of Mitchell, Williams & Clyne, P.A., Coral Gables, for appellee.

GOSHORN, Judge.

The Bank of Winter Park (the Bank) timely appeals the trial court's final judgment awarding certificate of deposit (CD) proceeds in the amount of $124,750.58 to Resolution Trust Corporation, the receiver for American Pioneer Federal Savings Bank. We reverse.

In October 1989, the Bank loaned $300,000 to Richard Swann and two other officers of American Pioneer. Although the Bank agreed that the loan...

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