Opinion
No. 84-421.
October 9, 1984.
Appeal from the Circuit Court, Dade County, Thomas A. Testa, J.
Edward C. Vining, Jr., Miami, for appellant.
Lucrecia H. Granda, Miami, for appellees.
Before SCHWARTZ, C.J., and DANIEL S. PEARSON and JORGENSON, JJ.
Where a note is made payable to two or more payees in the conjunctive, payment made to only one of the payees does not discharge the maker's obligations under the note. § 673.116, Fla. Stat. (1983). In the instant case the note was made payable to the appellant and a co-payee and payment by the Tojeiros was made only to the co-payee. Appellant did not give the co-payee authority to accept payment on her behalf and no such authority will be implied from a close relationship between the appellant and the co-payee. Glasser v. Columbia Federal Savings Loan Association of Miami Shores, 197 So.2d 6 (Fla. 1967).
Section 673.116, Florida Statutes (1983), provides as follows:
Instruments payable to two or more persons. — An instrument payable to the order of two or more persons:
(1) If in the alternative is payable to any one of them and may be negotiated, discharged or enforced by any of them who has possession of it;
(2) If not in the alternative is payable to all of them and may be negotiated, discharged or enforced only by all of them.
The judgment below is therefore reversed and the case remanded with directions that judgment be entered for the appellant, plaintiff below.
Reversed and remanded with directions.