Florida District Courts of Appeal, 1993

Gould v. Bank of Central Florida

Gould v. Bank of Central Florida
Florida District Courts of Appeal · Decided July 30, 1993 · Harris, Peterson, Sharp
621 So. 2d 588; 1993 Fla. App. LEXIS 7930; 1993 WL 284665 (Southern Reporter, Second Series)

Gould v. Bank of Central Florida

Opinion of the Court

HARRIS, Chief Judge.

Walter Gould, as trustee, sued the Bank of Central Florida because the bank had improperly cashed checks based on an unauthorized endorsement. Unfortunately, the action was filed beyond the statute of limitations and the cause was dismissed on motion. The Bank of Central Florida then moved for, and was awarded, attorney’s fees under section 57.105, Florida Statutes. We reverse on the authority of Piancone v. Engineering Design, Inc., 534 So.2d 896 (Fla. 5th DCA1988).

REVERSED.

W. SHARP and PETERSON, JJ., concur.

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