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CHEESE & GRILL RESTAURANT v. WACHOVIA BANK

Nos. 3D06-2672, 3D06-1286.

970 So.2d 372 (2007)

CHEESE & GRILL RESTAURANT, INC., etc., Appellant, v. WACHOVIA BANK, N.A., etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 21, 2007.

Attorney(s) appearing for the Case

Manzini & Associates and Nicolas A. Manzini, for appellant.

Ruden, McClosky, Smith, Schuster & Russell and John H. Pelzer, Robin F. Hazel and Matthew S. Nelles, Ft. Lauderdale, for appellees.

Before COPE, RAMIREZ and SALTER, JJ.

SALTER, J.

Appellant, Cheese & Grill Restaurant, Inc. (Restaurant) sued Washington Mutual Bank (WAMU) and Wachovia Bank (Wachovia) in separate circuit court lawsuits for checking account losses sustained in a fraud by the Restaurant's bookkeeper. In the case against WAMU, the trial court granted WAMU's motion for summary judgment and a final order of dismissal, and the Restaurant appealed. In the later case against Wachovia, the same trial court dismissed with...

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