Uniform Commercial Code Article 3

11 Florida cases classified under this topic · sorted by citation count · browse and sort

• Cole Taylor Bank v. Shannon
  772 So. 2d 546· Fla. 1st DCA· 2000-09-01 ·cited 29×
  Cole Taylor Bank appealed summary judgments and a bench trial judgment in a dispute over a home equity line of credit with the Shannons. The court reversed the summary judgment on the promissory note claim due to genuine issues of material fact regarding discharge, affirmed summa
• Miller v. Balcanoff
  566 So. 2d 1340· Fla. 1st DCA· 1990-09-05 ·cited 8×
  G. David Miller defaulted on a $135,000 promissory note payable to Gregory Balcanoff. The trial court interpreted a grace period clause as an acceleration provision and awarded the entire principal balance plus interest. The First District Court of Appeal reversed, holding that t
• Hardy v. Gissendaner
  508 F.2d 1207· 5th Cir.· 1975-02-27 ·cited 8×
  The court held that Alabama's holder-in-due-course law does not violate due process by preventing homeowners from asserting defenses against an assignee, as they retain the right to sue the original contractor.
• Attorney's Title Ins. Fund, Inc. v. Regions Bank
  491 F. Supp. 2d 1087· S.D. Fla.· 2007-04-11 ·cited 3×
  Attorney's Title Insurance Fund sought to recover $180,926.11 from Regions Bank for paying a check over forged endorsements in a fraudulent real estate transaction. The district court held that under Florida Statutes § 673.4201, a payee cannot bring a conversion action for a nego
• VFS Leasing Co. v. Markel Ins. Co.
  120 F.4th 745· 11th Cir.· 2024-10-30 ·cited 2×
  A drawer is discharged of its payment obligation when a jointly issued check is accepted by a drawee bank, even if only one co-payee improperly cashes it without the other's endorsement.
• Gen. Motors Acceptance Corp. v. Honest AIR Conditioning & Heating, Inc.
  933 So. 2d 34· Fla. 2d DCA· 2006-05-12 ·cited 2×
  GMAC appealed a judgment finding that an automobile retail installment sale contract was a negotiable instrument under the UCC, which entitled the debtors to protection against impairment of collateral. The appellate court reversed the negotiable instrument determination but affi
• Claudine M. Stacknik v. U. S. Bank Nat'l Ass'n
  Fla. 2d DCA· 2019-11-15
  # Legal Brief In Stacknik v. U.S. Bank National Association, the Florida Second District Court of Appeal affirmed a foreclosure judgment, holding that a promissory note containing negative amortization provisions constitutes a negotiable instrument under the Uniform Commercial C
• IN & FOR NEW Castle Cnty. WBCMT 2006-C29 Off. 4250, LLC
  Del. Super. Ct.· 2015-07-30
  The court held that the plaintiff, as a nonholder in possession of the promissory note with the rights of a holder, was entitled to enforce the note under Article 3 of the Uniform Commercial Code. The court also found no genuine dispute regarding the amount of the judgment reques
• BIG Bang Miami Ent., LLC. v. Ayman Moumina
  137 So. 3d 1117· Fla. 3d DCA· 2014-03-26
  Big Bang Miami Entertainment and its CEO Carlos Ojeda appealed a default judgment for issuing worthless checks. The court affirmed the judgment against Big Bang but reversed it against Ojeda, holding that while Big Bang was properly bound by the checks signed by its authorized re
• Mercantile Bank OF Kan. City v. Farmers & Merchs. State Bank
  920 F.2d 1539· 10th Cir.· 1990-12-10
  The court held that a 'full recourse' assignment of nonnegotiable documents is a conditional guarantee unless waivers of presentment, dishonor, and notice are present, in which case it is unconditional. Mercantile was required to make collection efforts against the lessees before
• Frequency Elecs., Inc. v. Nat'l Radio Co., Inc.
  546 F.2d 497· 2d Cir.· 1976-12-09
  The court affirmed the district court's finding that the appellant defrauded the appellee, and that the note was non-enforceable, upholding the partial rescission of the transaction.