Wilson v. First Nat. Bank of Miami Springs
| Decision Date | 16 November 1971 |
| Docket Number | No. 71--77,71--77 |
| Citation | 254 So.2d 362 |
| Court | Florida District Court of Appeals |
| Parties | M. O. WILSON, d/b/a Hi-Li Motors, et al., Appellants, v. FIRST NATIONAL BANK OF MIAMI SPRINGS, a United States Banking corporation, formerly known as Cutiss National Bank of Miami Springs, a United States Banking corporation. |
Koeppel, Stark, Marks & Newmark, Miami, for appellants.
Broad & Cassel and Lewis Horwitz, Miami Beach, for appellee.
Before SWANN, C.J., and PEARSON and HENDRY, JJ.
Plaintiff-appellants, who are used car dealers, seek review of a final summary judgment entered in favor of defendant-appellee bank. We affirm in part and reverse in part.
Under Rule 1.220, Florida Rules of Civil Procedure, 30 F.S.A., the appellants brought a class action for conversion demanding a jury trial and judgment in excess of $5,000.00. Appellants, as used car dealers, sold cars at the South Florida Auto Auction, Inc. (not a party to the action below), and they received from the auction company checks drawn on appellee First National Bank of Miami Springs. These checks were returned for insufficient funds.
Upon sale of the automobiles at the auction, each buyer would deliver to South Florida Auto Auction, Inc., a draft for the total selling price drawn upon the buyer's bank and payable to South Florida Auto Auction, Inc. It would then deposit those drafts in the appellee bank for collection.
The auction company was indebted to the appellee bank on a loan. A principal behind the auction company (also not a party to the action below) was also indebted to the appellee. The trial court considered that the balance of the auction company's indebtedness of $16,500.00 was paid on May 10, 1967, by the bank using its right of set-off against the account of the company. See § 674.208, Fla.Stat. 1969, F.S.A. (Uniform Commercial Code.) The proceeds in the auction company account at that time were a portion of the collections received from the drafts, and there was not a sufficient balance in the auction company's account to pay all of the checks drawn against the account.
To begin with, we affirm that part of the judgment which held the instant action was not properly brought as a class action. The lower court correctly relied upon Osceola Groves v. Wiley, Fla.1955, 78 So.2d 700 and Hendler v. Rogers House Condominium, Inc., Fla.App.1970, 234 So.2d 128. The lower court reasoned, and correctly so, that: each holder of the checks of the auto auction company acquired his interest under a separate transaction with that company; that there was no contractual relationship between the appellants or other holders of checks and the appellee bank; there was no cooperative enterprise among the...
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Frankel v. City of Miami Beach
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