Roca v. Republic National Bank of Miami

Florida District Courts of Appeal
Roca v. Republic National Bank of Miami, 512 So. 2d 1044 (1987)
12 Fla. L. Weekly 2179; 1987 Fla. App. LEXIS 10163
Barkdull, Hendry, Pearson

Roca v. Republic National Bank of Miami

Opinion of the Court

PER CURIAM.

On the appeal by Roca, as Director/Trustee of Cibeles Jewelry Group, Inc., a dissolved Florida corporation, we affirm the trial court’s orders striking his claims for conversion, civil theft, and punitive damages. On the cross-appeal by Republic National Bank from a final judgment for Roca on Cibeles’ contract claim, we reverse upon a holding that the trial court erred in excluding expert testimony proffered by the bank as to the custom and practice of the local banking industry, which testimony was intended to elucidate the meaning of the ambiguous language contained in the defendant’s Exhibit A, that is, Cibeles’ acceptance of “all responsibility for the issuance of this guaranty.”

Affirmed in part; reversed in part, and remanded.

Reference

Full Case Name
Joaquin C. ROCA, as Director/Trustee of Cibeles Jewelry Group, Inc., a dissolved Florida corporation v. REPUBLIC NATIONAL BANK OF MIAMI, a National Banking Association, Appellee REPUBLIC NATIONAL BANK OF MIAMI, a National Banking Association v. Joaquin C. ROCA, as Director/Trustee of Cibeles Jewelry Group, Inc., a dissolved Florida corporation
Cited By
2 cases
Status
Published