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DEPT. OF FINANCIAL SERVS. v. BRANCH BANKING

Nos. 1D09-6448, 1D09-6450.

40 So.3d 829 (2010)

STATE of Florida DEPARTMENT OF FINANCIAL SERVICES as Receiver of First Commercial Insurance Company, Appellant, v. BRANCH BANKING AND TRUST COMPANY, Appellee. and State of Florida Department of Financial Services as Receiver of First Commercial Transportation and Property Insurance Company, Appellant, v. Branch Banking and Trust Company, Appellee.

District Court of Appeal of Florida, First District.

July 13, 2010.

Attorney(s) appearing for the Case

Theodore R. Doran, Carolyn S. Ansay, and Aaron R. Wolfe of Doran, Sims, Wolfe, Ansay, Kundid & Birch, Daytona Beach; Robert V. Elias, Deputy Chief Attorney, Amanda L. Neff, Attorney, Florida Department of Financial Services, Tallahassee, for Appellant.

Albert T. Gimbel, E. Gary Early, and Thomas H. Bateman, III, of Messer, Caparello & Self, P.A., Tallahassee; Mark R. King, Miami, and Ben H. Harris, III, Mobile, AL, of Jones, Walker, Waechter, Poitevent, Carrere & Denegre, L.L.P.; Jay H. Solowsky and Mason A. Pertnoy of Solowsky & Allen, P.L., Miami; Luis Espinosa, Marc David, and Rene Cambert of Sarnoff & Bayer, Miami; Maria E. Abate and Randon E. Loeb of Colodny, Fass, Talenfeld, Karlinsky & Abate, P.A., Ft. Lauderdale; Daniel C. Brown, Carlton Fields, Tallahassee; Michael I. Goldberg and Angela M. Lipscomb of Akerman Senterfitt, Ft. Lauderdale, for Appellee.

LEWIS, J.

The Department of Financial Services ("DFS"), as the receiver of First Commercial Insurance Company ("FCI") and First Commercial Transportation and Property Insurance Company ("FCT"), seeks review of two non-final orders holding that Branch Banking and Trust Company ("the bank") was entitled to offsets pursuant to section 631.281, Florida Statutes (2009). In the two orders on appeal, the trial court held that the bank was entitled to offset the balances...

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