Citizens Nat. Bank of Orlando v. Youngblood, No. 72--1203

CourtCourt of Appeal of Florida (US)
Writing for the CourtSMITH, CULVER; OWEN, C.J., and WALDEN
Citation296 So.2d 92
Decision Date07 June 1974
Docket NumberNo. 72--1203
PartiesCITIZENS NATIONAL BANK OF ORLANDO, Appellant, v. John C. YOUNGBLOOD, Appellee.

Page 92

296 So.2d 92
CITIZENS NATIONAL BANK OF ORLANDO, Appellant,
v.
John C. YOUNGBLOOD, Appellee.
No. 72--1203.
District Court of Appeal of Florida, Fourth District.
June 7, 1974.
Rehearing Denied July 11, 1974.

Winifred J. Sharp and Charles R. Fawsett of Johnson, Motsinger, Trismen & Sharp, Orlando, for appellant.

W. F. Simonet of Fishback, Davis, Dominick & Simonet, Orlando, for appellee.

SMITH, CULVER, Associate Judge.

This is an appeal from a final judgment entered by the Circuit Court in and for Orange County, Florida. The Appellant, Citizens National Bank of Orlando, was the Defendant below. The Appellee, John C. Youngblood, was the Plaintiff. The parties will be referred to as they stood in the court below, that is; Appellee as Plaintiff, and Appellant as Defendant-Bank, or Bank.

At the trial of this case, when the Plaintiff closed, Defendant-Bank moved for a directed verdict which motion was denied. Defendant-Bank raises this as its first point on appeal for reversal. We hold that Defendant's motion for directed verdict should have been granted and therefore reverse.

The Complaint upon which this case went to trial reads as follows:

1. That in June of 1971 the Plaintiff was indebted to the Defendant and as security for the indebtedness, the Plaintiff furnished to the Defendant collateral consisting of 2,035 shares of common stock of the Bank of West Orange, a

Page 93

banking corporation in Orange County, Florida.

2. In June of 1971 the Defendant called upon the Plaintiff to pay all of the Plaintiff's obligations to the Defendant, and pursuant to this demand, the Plaintiff made arrangements for the sale of said shares of stock to Ben Griffin, an attorney at law in Orange County, Florida, for Thirty-Four Dollars ($34.00) per share.

3. The said arrangements were made known to and agreed to by the Defendant on June 1st, 1971. The Defendant requested written authorization from the Plaintiff and his wife for the said sale to Ben Griffin and such written authorization was delivered to the Defendant on June 2nd, 1971.

4. The Defendant thereafter, on June 3rd, 1971, sold the said stock of the Plaintiff to Elmer Youngblood for the sum of Thirty Dollars ($30.00) per share thereby causing the Plaintiff to sustain a loss of Four Dollars ($4.00) per share or the total sum of Eight Thousand One Hundred Forty Dollars ($8,140.00).

In view of our holding, the pertinent facts consist of the evidence presented by the Plaintiff on his case in chief. In May and June of 1971, Plaintiff was indebted to Defendant-Bank in the...

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10 practice notes
  • Arky, Freed, Stearns, Watson, Greer, Weaver & Harris, P.A. v. Bowmar Instrument Corp., Nos. 86-1319
    • United States
    • Court of Appeal of Florida (US)
    • 8 Diciembre 1987
    ...499 So.2d 4 (Fla. 3d DCA 1986); Dean Co. v. U.S. Home Corp., 485 So.2d 438 (Fla. 2d DCA 1986); Citizens National Bank v. Youngblood, 296 So.2d 92 (Fla. 4th DCA 1974). It is clear from an examination of the briefs and record on appeal in Designers Tile that the question of the appropriate re......
  • Dade County School Bd. v. Radio Station WQBA, Nos. 95-0534
    • United States
    • Court of Appeal of Florida (US)
    • 7 Mayo 1997
    ...1324 (Fla.1981) ] (emphasis added). This policy is reiterated throughout this state's precedent. In Citizens National[Bank v. Youngblood, 296 So.2d 92 (Fla. 4th DCA 1974) ], for instance, the plaintiff had pled a breach of agreement but had based its evidence at trial entirely on failure to......
  • Holman By and Through Holman v. Goldschmidt, No. 87-1492
    • United States
    • Court of Appeal of Florida (US)
    • 11 Octubre 1989
    ...So.2d 13 (Fla.1987) ], Dean Co. [v. U.S. Home Corp. Inc., 485 So.2d 438 (Fla. 2d DCA 1986) ] and Citizens National [Bank v. Youngblood, 296 So.2d 92 (Fla. 4th DCA 1974) ]. On remand, the district court shall order that a verdict be directed in favor of Arky, Id. at 563. If it is error to am......
  • E.A. Law & Co. v. Provende, Inc., Nos. 84-742
    • United States
    • Court of Appeal of Florida (US)
    • 28 Mayo 1985
    ...2 See Morton v. Insurance Co. of North America, 297 So.2d 602, 603 (Fla. 3d DCA 1974); Citizens National Bank of Orlando v. Youngblood, 296 So.2d 92, 94 (Fla. 4th DCA 3 See Costa Bella Development Corp. v. Costa Development Corp., 445 So.2d 1090, 1090 (Fla. 3d DCA 1984); Lasar Manufacturing......
  • Request a trial to view additional results
10 cases
  • Arky, Freed, Stearns, Watson, Greer, Weaver & Harris, P.A. v. Bowmar Instrument Corp., Nos. 86-1319
    • United States
    • Court of Appeal of Florida (US)
    • 8 Diciembre 1987
    ...499 So.2d 4 (Fla. 3d DCA 1986); Dean Co. v. U.S. Home Corp., 485 So.2d 438 (Fla. 2d DCA 1986); Citizens National Bank v. Youngblood, 296 So.2d 92 (Fla. 4th DCA 1974). It is clear from an examination of the briefs and record on appeal in Designers Tile that the question of the appropriate re......
  • Dade County School Bd. v. Radio Station WQBA, Nos. 95-0534
    • United States
    • Court of Appeal of Florida (US)
    • 7 Mayo 1997
    ...1324 (Fla.1981) ] (emphasis added). This policy is reiterated throughout this state's precedent. In Citizens National[Bank v. Youngblood, 296 So.2d 92 (Fla. 4th DCA 1974) ], for instance, the plaintiff had pled a breach of agreement but had based its evidence at trial entirely on failure to......
  • Holman By and Through Holman v. Goldschmidt, No. 87-1492
    • United States
    • Court of Appeal of Florida (US)
    • 11 Octubre 1989
    ...So.2d 13 (Fla.1987) ], Dean Co. [v. U.S. Home Corp. Inc., 485 So.2d 438 (Fla. 2d DCA 1986) ] and Citizens National [Bank v. Youngblood, 296 So.2d 92 (Fla. 4th DCA 1974) ]. On remand, the district court shall order that a verdict be directed in favor of Arky, Id. at 563. If it is error to am......
  • E.A. Law & Co. v. Provende, Inc., Nos. 84-742
    • United States
    • Court of Appeal of Florida (US)
    • 28 Mayo 1985
    ...2 See Morton v. Insurance Co. of North America, 297 So.2d 602, 603 (Fla. 3d DCA 1974); Citizens National Bank of Orlando v. Youngblood, 296 So.2d 92, 94 (Fla. 4th DCA 3 See Costa Bella Development Corp. v. Costa Development Corp., 445 So.2d 1090, 1090 (Fla. 3d DCA 1984); Lasar Manufacturing......
  • Request a trial to view additional results

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