District Court of Appeal of Florida

In a breach of contract action brought by plaintiff-borrower arising from defendant-bank's closing plaintiff's equity line of credit, a judgment for the bank is affirmed where the trial court did not err in finding that plaintiff had made a material misrepresentation to the bank when he did not disclose certain FTC litigation prior to the loan's closing, consequently the bank's suspension of the loan was permissible, and additionally, plaintiff himself had effectively orally terminated the loan agreement.

Appellate Information

• Decided 01/03/2007
• Published 01/03/2007

Judges

• HAZOURI, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Andrew T. Lavin of Navon & Lavin, P.A., Fort Lauderdale, for appellant.


• For Appellees:
  
• John H. Pelzer of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, and Morris G. Miller and Amy S. Rubin of Ruden, McClosky, Smith, Schuster & Russell, P.A., West Palm Beach, for appellee.