CRAWFORD v. CITY NAT. BANK, 851 So.2d 897 (Fla.App. 3 Dist. 2003)

FREDDIE L. CRAWFORD, Appellant, v. CITY NATIONAL BANK and WESTPORT RECOVERY CORPORATION, Appellees.

Case No. 3D02-1274District Court of Appeal of Florida, Third District.
Opinion filed August 13, 2003.

An Appeal from the Circuit Court for Dade County, Barbara Levenson, Judge. Lower Tribunal No. 96-4669.

Rudolph D. Griffith and Michael E. Hampden, for appellant.

Friedman Greenberg and Debra L. Greenberg and Robert D. Friedman, for appellees.

Before SCHWARTZ, C.J., and LEVY and FLETCHER, JJ.

PER CURIAM.

Affirmed. See § 222.11(1)(c), Florida Statutes (2002); Mazzella v. Boinis, 617 So.2d 1156 (Fla. 4th DCA 1993), review dismissed, 626 So.2d 203
(Fla. 1993); In re Barncastle, 8 B.R. 464 (Bankr.S.D.Fla. 1981).

LEVY and FLETCHER, JJ., concur.

SCHWARTZ, Chief Judge. (specially concurring).

I entirely agree with affirmance, notwithstanding that my failure to adhere to the rule that cases should be decided on the basis they were litigated below and argued on appeal led to the vehement expression of views at oral argument which, it was soon revealed, were contrary to the law of Florida. No harm done except to my (heretofore monumental) legal ego.

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