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CHAVEZ v. MERCANTIL COMMERCEBANK, N.A.

No. 11-15804.

701 F.3d 896 (2012)

Roger CHAVEZ, Plaintiff-Appellant, v. MERCANTIL COMMERCEBANK, N.A., Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

November 27, 2012.

Attorney(s) appearing for the Case

Robert G. Post , Post & Romero, Coral Gables, FL, for Plaintiff-Appellant.

David S. Garbett , Joseph David Perkins , Garbett, Stiphany, Allen & Roza, Pa, Miami, FL, for Defendant-Appellee.

Before BARKETT and PRYOR, Circuit Judges, and BATTEN, District Judge.

BATTEN, District Judge:

Roger Chavez is a customer of Mercantil Commercebank, N.A. ("the bank"). This case involves an allegedly fraudulent payment order that resulted in the bank's transfer of $329,500 from his account to someone in the Dominican Republic. Chavez sued the bank to recover the $329,500. In response to Chavez's complaint, the bank asserted, inter alia, an affirmative defense premised upon Fla. Stat. §...

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