Sun Bank of Miami v. National Bank of Florida (376 So. 2d 404, 1979)

PER CURIAM.

Affirmed. Appellant/plaintiff has failed to demonstrate any equitable or legal basis for relief. See Doing v. Reilly, 176 F.2d 449 (5th Cir. 1949); Maryland Casualty Co. v. Krasnek, 174 So.2d 541 (Fla.1965); Johnson v. Green, 54 So.2d 44 (Fla.1951); Quinn v. Phipps, 93 Fla. 805, 113 So. 419 (1927); Leitner v. Willaford, 306 So.2d 555 (Fla. 3d DCA 1975); See also, Chapters 678 and 679, Florida Statutes (1977), and 33 Fla.Jur. Trusts § 61.

PEARSON, Judge,

concurring in part, dissenting in part.

I concur fully with the affirmance on all issues raised by the appellant concerning its rights against appellee National Bank of Florida. However, I am unable to understand the court’s failure to proceed with the case and enter a money judgment for the appellant against appellee Richard E. Davids. See Winn & Lovett Grocery Co. v. Safford Bros. Produce Co., 121 Fla. 833, 164 So. 681 (1935), and Casas v. Rosell, 359 So.2d 491 (Fla. 3d DCA 1978). I would reverse that portion of the judgment and remand the cause for further proceedings to determine the personal liability of Davids.