TROPICAL JEWELERS INC. v. BANK OF AMERICA, N.A.

No. 3D08-164.

19 So.3d 424 (2009)

TROPICAL JEWELERS INC., Saul J. Waksman, Toby Waksman, Eva Rose Oziel, Szmul Waksman, and Yuda Oziel, Appellants, v. BANK OF AMERICA, N.A., as successor in interest to NationsBank, N.A., (South) a national banking association, as successor in interest by merger to Intercontinental Bank, N.A., Appellee.

District Court of Appeal of Florida, Third District.

September 23, 2009.


Attorney(s) appearing for the Case

Richard J. Burton, Miami, for appellants.

Liebler, Gonzalez & Portuondo and Juan A. Gonzalez and Frank P. Cuneo and Barbara Viniegra, Miami, for appellee.

Before GERSTEN and CORTIÑAS, JJ., and SCHWARTZ, Senior Judge.


CORTIÑAS, J.

Tropical Jewelers, Inc. ("Tropical"), individuals Saul J. Waksman, Toby Waksman, Eva Rose Oziel, Szmul Waksman, and Yuda Oziel (collectively the "Guarantors") and Bank of America, N.A. (the "Bank") seek review of a final judgment following a bench trial. Tropical and the Guarantors also appeal the trial court's denial of their motion for rehearing. We affirm on all points.

In 1995, Tropical, a jewelry wholesale manufacturer, executed and...

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