05-2756 MAQUEZ V. PANAMERICAN BANK

State: Florida

Court: Florida Southern District Court

Docket No: 3d05-2756

Case Date: 11/29/2006

Plaintiff: 05-2756 MAQUEZ

Defendant: PANAMERICAN BANK

Preview:NOT FINAL UNTIL TIME EXPIRES
TO FILE REHEARING MOTION
AND, IF FILED, DISPOSED OF.

FAUSTO MARQUEZ, etc.,

Appellants,

vs.

PANAMERICAN BANK,

Appellee.
IN THE DISTRICT COURT OF APPEAL

OF FLORIDA

THIRD DISTRICT

JULY TERM, A.D. 2006

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** CASE NO. 3D05-2756
          3D05-3667
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** LOWER
TRIBUNAL NO.  03-24116
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Opinion filed November 29, 2006.

An Appeal from the Circuit Court for Miami-Dade County, Ronald C. Dresnick, Judge.

Duane Morris LLP, and Lida Rodriguez-Taseff, and Scott R.  Jablonski, for appellants.

Greenberg Traurig, P.A., and Stephen A. Mendelsohn, and Geoffrey M. Cahen (Boca Raton), for appellee.

Before GERSTEN, GREEN, and RAMIREZ, JJ.

GREEN, J.

The Marquez Group appeals from the dismissal with prejudice of two counts that it had brought against PanAmerican Bank, one for a creditor action pursuant to section 655.417, Florida Statute (1997), and the other for Tortious Interference with an Advantageous Business Relationship.  We affirm.
According to the well-pled allegations, which we accept as true, in 2001, Gulf Bank, a struggling banking institution, entered into an agreed cease and desist order that obligated the bank to submit to oversight by the Florida Division of Banking and to raise its capital reserves.  The bank eventually determined that the only way that it could abide by the order was to sell substantially all of its assets.
In December 2002, Gulf Bank solicited offers of purchase.  The Marquez Group submitted an offer, as did PanAmerican Bank.  Negotiations between Gulf Bank and PanAmerican Bank terminated in May 2003.  In June 2003, Gulf Bank advised the Florida Division of Banking that, pending regulatory approval and proper financing, it had reached an agreement for sale with the Marquez Group.  That summer, without notice to the Marquez Group, Gulf Bank invited PanAmerican Bank to submit a new offer to purchase Gulf Bank

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