MIRMELLI v. SILVERMAN (2022)

District Court of Appeal of Florida, Third District.

Gregory MIRMELLI, Appellant, v. Harvey SILVERMAN, etc., Appellee.

No. 3D21-1175

Decided: August 24, 2022

Before EMAS, SCALES and MILLER, JJ.

Lowy and Cook, P.A., and Jonathan Smulevich, Deerfield Beach, and Leah R. Rose, for appellant. Genovese Joblove & Battista, P.A., and Richard Sarafan, W. Barry BlumMiami, and Joseph B. Isenberg, Ames, for appellee.

Affirmed. See Nat'l Mortg. Ass'n v. McFadyen, 194 So. 3d 418, 419-20 (Fla. 3d DCA 2016) (citing section 673.3011 of the Florida Statutes, observing that “[p]romissory notes are, by definition, negotiable instruments which, by law, may be enforced by a holder, a nonholder in possession who has the rights of the holder, or a person not in possession who nevertheless is entitled to enforce the note”); § 671.201(21)(a), Fla. Stat. (2017) (“ ‘Holder’ means ․ [t]he person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession[.]”); see also First Nat'l Entm't Corp. v. Brumlik, 531 So. 2d 403, 404 (Fla. 5th DCA 1988) (“Failure of consideration is a personal defense which cannot be asserted by the maker of a negotiable instrument against a holder in due course.”); § 673.3051(2), Fla. Stat. (2017) (“The right of a holder in due course to enforce the obligation of a party to pay the instrument ․ is not subject to defenses of the obligor stated in paragraph (1)(b)[.]”).

PER CURIAM.

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