Florida District Courts of Appeal, 1981

Societe Euro-Suisse, S. A. v. Citizens & Southern International Bank

Florida District Courts of Appeal · Decided February 24, 1981 · Ferguson, Hubbart, Schwartz

394 So. 2d 533; 1981 Fla. App. LEXIS 19573 (Southern Reporter, Second Series)

Cases that cite this one

4 later published cases cite this decision.

Southern California Funding, Inc. v. Hutto (Fla. Dist. Ct. App. 1983)
DeSimone v. Burger King Corp. (Fla. Dist. Ct. App. 1990)
Singer v. Star (Fla. Dist. Ct. App. 1987)
Florida Electric Light & Supply, Inc. v. GTE Products Corp. (Florida Circuit Courts 1987)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

PER CURIAM.

The final summary judgment under review is reversed and the cause is remanded to the trial court for further proceedings upon a holding that: (a) the final summary judgment was prematurely entered because the plaintiff [Societe Euro-Suisse, S.A.], through no fault of its own, had not completed its discovery in this case, see e. g. *534Cullen v. Big Daddy’s Lounges, Inc., 364 So.2d 839 (Fla.3d DCA 1978); Commercial Bank of Kendall v. Heiman, 322 So.2d 564 (Fla.3d DCA 1975); and (b) the incomplete record before the trial court did not, in any event, conclusively foreclose recovery on the plaintiff’s tort claims as pled in the second amended complaint, see e. g., Peoples Bank in North Fort Myers v. Bob Lincoln, Inc., 283 So.2d 400 (Fla.2d DCA 1973); § 673.409(2), Fla.Stat. (1972); 2 R. Anderson, Uniform Commercial Code 3-409:1 (2 ed. 1971); 5 Fla.Jur.2d “Banks” § 213 (1978).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.