MAXWELL v. FIRST UNITED BANK

No. 4D00-1512.

782 So.2d 931 (2001)

Mark T. MAXWELL, Gertrude G. Maxwell, and Nancy Maxwell, Appellants, v. FIRST UNITED BANK, as Successor in Interest to Suburban Bank, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 7, 2001.


Attorney(s) appearing for the Case

John R. Young of Boose Casey Ciklin Lubitz Martens McBane & O'Connell, West Palm Beach, for appellants.

James M. McCann, Jr. and Celeste B. Marcks of Akerman, Senterfitt & Eidson, P.A., West Palm Beach, for appellee.


STONE, J.

We affirm a summary final judgment entered in favor of Defendant, First United Bank, successor in interest to Suburban Bank. We agree with the trial court that the undisputed facts show an absence of any fiduciary duty owed by Suburban Bank to the Maxwells.

The Maxwells were the beneficiaries of a Southeast Bank land trust, which owned a parcel of real estate. The trust had previously entered into a long term lease with Rita Spinelli and her corporation...

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