LUCAS v. BANKATLANTIC

No. 4D05-2285.

944 So.2d 1031 (2006)

Raymond J. LUCAS, Appellant, v. BANKATLANTIC, Appellee.

District Court of Appeal of Florida, Fourth District.

June 21, 2006.


Attorney(s) appearing for the Case

Sean P. Sheppard of Scott & Sheppard, P.A., St. Augustine, for appellant.

Jeremy J. Hart, Barbara Viniegra, and Gregor J. Schwinghammer, Jr. of Gunster Yoakley & Stewart, P.A., Miami, for appellee.


ON MOTION FOR REHEARING

GROSS, J.

We grant BankAtlantic's motion for rehearing, withdraw our opinion issued April 5, 2006, and substitute the following in its place.

Raymond Lucas appeals the trial court's entry of summary final judgment in favor of BankAtlantic. We reverse, holding that an issue of fact remains as to whether Lucas "transfer[red]" a check within the meaning of section 674.207, Florida...

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