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Florida District Courts of Appeal, 1996

Jones v. Barnett Bank

Jones v. Barnett Bank
Florida District Courts of Appeal · Decided April 4, 1996 · Antoon, Goshorn, Griffin
670 So. 2d 1195; 1996 Fla. App. LEXIS 3468; 1996 WL 154460 (Southern Reporter, Second Series)

Jones v. Barnett Bank

Opinion of the Court

PER CURIAM.

We affirm the dismissal for failure to state a cause of action. Drozinski v. Straub, 383 So.2d 301 (Fla. 2d DCA 1980); § 658.55 Fla. Stat. (1989).1 The statute does not determine ownership of the withdrawn funds but it does establish that a bank is not liable for having paid them as they were titled. There is no evidence of any written or verbal undertaking by Barnett Bank not to redeem the CD without presentation of the certificate.

AFFIRMED.

GOSHORN, GRIFFIN and ANTOON, JJ., concur.

. Repealed in 1992 by Ch. 92-303, § 189, at 2422, Laws of Fla., and replaced by § 655.78, Fla.Stat. (Supp. 1992).

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

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