IBERIABANK v. BENEVA 41-I, LLC

No. 11-11195.

701 F.3d 916 (2012)

IBERIABANK, a Louisiana banking corporation and authorized to do business in the State of Florida, Plaintiff-Appellee, v. BENEVA 41-I, LLC, a Florida limited liability company, Beneva 41-II, LLC, a Florida limited liability company, Beneva 41-III, LLC, a Florida limited liability company, Defendants-Appellants.

United States Court of Appeals, Eleventh Circuit.

November 30, 2012.


Attorney(s) appearing for the Case

David A. Wallace , Williams, Parker, Harrison, Dietz & Getzen, Kevin Richard Bruning , Bentley & Bruning, PA, Sarasota, FL, for Plaintiff-Appellee.

Edward Vogler, II , Vogler Ashton, PLLC, Bradenton, FL, for Defendants-Appellants.

Before TJOFLAT, MARTIN and HILL, Circuit Judges.


TJOFLAT, Circuit Judge:

In this case, we are called upon to determine whether a sublease transferred by the Federal Deposit Insurance Corporation ("FDIC") to Iberiabank after it took over the assets of a failed bank is enforceable despite a clause purporting to terminate the sublease on sale or transfer of the failed bank. The District Court granted summary judgment in favor of Iberiabank, holding that the termination clause was unenforceable against Iberiabank under...

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