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532 So. 2d 1106

532 So.2d 1106

13 Fla.L.Weekly 2317

Provecasa v. Gemini Associated Corp.

District Court of Appeal of Florida

Decided October 11, 1988

District Court of Appeal of Florida · decided 1988-10-11

Cited by 3 later decisions — most recently April 1996

3 state decisions

Relies on Mjz Corp. v. Gulfstream First Bank · Medley Harwoods, Inc. v. Novy

Good law ✅— No negative treatment on recordhow we know

Decided 1988-10-11

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PER CURIAM.

¶1The judgment entered for the defendant Francisco Gaitan in this suit brought by the plaintiff, Provecasa, to collect on a dishonored check is reversed with directions to enter judgment for Provecasa. Where, as here, the instrument, bearing the name Gemini Associated Corporation as the entity represented by Gaitan, was signed by Gaitan with no indication thereon that he signed in a representative capacity, and it was not shown or, indeed, even contended that Provecasa and Gaitan established that Gaitan would nevertheless be exempt from personal liability, Gaitan, as well as his principal, is liable to Provecasa. Medley Harwoods, Inc. v. Novy, 346 So.2d 1224 (Fla.3d DCA 1977). See MJZ Corp. v. Gulfstream First Bank & Trust, N.A., 420 So.2d 396 (Fla. 4th DCA 1982); § 673.403, Fla.Stat. (1985).

¶2Reversed and remanded with directions.

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