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Provecasa v. Gemini Associated Corp.
532 So. 2d 1106
Fla. Dist. Ct. App.
1988
Check Treatment
PER CURIAM.

The 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).

Reversed and remanded with directions.

Case Details

Case Name: Provecasa v. Gemini Associated Corp.
Court Name: District Court of Appeal of Florida
Date Published: Oct 11, 1988
Citation: 532 So. 2d 1106
Docket Number: No. 88-299
Court Abbreviation: Fla. Dist. Ct. App.
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