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RACSO DIAGNOSTIC v. COMMUNITY BANK

No. 98-2307.

735 So.2d 519 (1999)

RACSO DIAGNOSTIC, INC., Appellant, v. COMMUNITY BANK OF HOMESTEAD, Appellee.

District Court of Appeal of Florida, Third District.

Opinion Granting Motion for Clarification and Denying Rehearing June 16, 1999.

Attorney(s) appearing for the Case

Jorge L. Fors and Jose M. De La O, Coral Gables; Fernando Mata, for appellant.

Freshman, Freshman & Traitz; Jay M. Levy, Miami, for appellee.

Before SCHWARTZ, C.J., and GERSTEN and FLETCHER, JJ.

FLETCHER, Judge.

The summary final judgment entered in favor of Community Bank of Homestead [Community Bank] is reversed. There remain genuine issues of material fact as to whether certain stolen checks written to the order of Racso Diagnostic, Inc. [Racso] in payment for medical services it rendered, but paid to a thief by Community Bank over forged endorsements, were constructively delivered to plaintiff/payee/creditor...

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