GORRIN v. POKER RUN ACQUISITIONS, INC.

Nos. 3D09-3521, 3D10-2486.

77 So.3d 739 (2011)

Alvaro GORRIN, Jr., Appellant, v. POKER RUN ACQUISITIONS, INC., a Florida corporation, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 2, 2012.


Attorney(s) appearing for the Case

Kreusler-Walsh, Compiani & Vargas and Jane Kreusler-Walsh and Rebecca Mercier-Vargas and Stephanie L. Serafin , West Palm Beach; Harry A. Payton and Lisa Hu Barquist, Miami, for appellant.

Cohen/Fox and Robert A. Cohen and Aaron C. Wong , Miami, and R. Edson Briggs ; White & Case and Raoul G. Cantero and David P. Draigh , Miami, and Kerri L. McNulty , for Poker Run Acquisitions, Inc.

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


PER CURIAM.

We reverse the entry of final summary judgments for breach of personal loan guaranties where, as here, there was not an express waiver of duties by the lender. See Warner v. Caldwell, 354 So.2d 91, 96 (Fla. 3d DCA 1977) ("Notwithstanding language in the guaranty agreement to the effect that the contract of guaranty would be `unconditional,' beyond the duties imposed in the contract of guaranty, the law imposes...

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