Uniform Commercial Code

807 Florida cases classified under this topic, plus 268 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• In re Apollo Travel, Inc. v. Salmen
  567 F.2d 841· 8th Cir.· 1977-12-29 ·cited 4×
  The court held that Republic's security interest did not extend to cover attorney fees and expenses incurred after the primary loans were repaid and bankruptcy intervened, as these contingent liabilities were not secured after repayment.
• WO Co. (Formerly Nytco Leasing v. Benjamin Franklin Corp.
  562 F.2d 1339· 1st Cir.· 1977-09-30 ·cited 4×
  The court held that the stipulation limited WO Co.'s recovery to the proceeds from the foreclosure sale, and that WO Co.'s collateral was not sold as fixtures because of the parties' expressed intent and Franklin's notice.
• Barbour v. United States
  562 F.2d 19· 10th Cir.· 1977-08-24 ·cited 4×
  The court held that a commercially unreasonable sale of collateral under the UCC does not preclude a deficiency judgment, but the damages from such a sale can be set off against the deficiency. The court also affirmed the jury's fraud verdict.
• Giacalone v. Bernstein
  348 So. 2d 679· Fla. 3d DCA· 1977-08-09 ·cited 4×
  In a promissory note action, the court affirmed summary judgment against the defendant, holding that his signature preceded by the word "by" without additional notation on the note's face was insufficient to show representative capacity, making him personally liable despite his c
• Diskmakers, Inc. v. DeWITT Equip. Corp.
  555 F.2d 1177· 3d Cir.· 1977-05-18 ·cited 4×
  The court held that the district court erred in granting summary judgment prematurely, as genuine issues of material fact existed regarding anticipatory breach and the right to adequate assurance of performance.
• Ralston Purina Co. v. McFARLAND
  550 F.2d 967· 4th Cir.· 1977-02-23 ·cited 4×
  The court held that the district court erred in limiting discovery and improperly instructed a witness not to answer questions, requiring a remand for further proceedings.
• In re Flying Mailmen Serv., Inc. v. Herbert K. Lippman in Bankr. of Flying Mailmen Serv., Inc.
  539 F.2d 866· 2d Cir.· 1976-06-21 ·cited 4×·via Uniform Commercial Code Article 9
  The dissent argues that a financing statement complying with N.Y.U.C.C. § 9-402 provides sufficient notice to subsequent creditors, even for a stock repurchase agreement.
• Tubin v. Meyer Rabin
  533 F.2d 255· 5th Cir.· 1976-06-11 ·cited 4×
  The court held that a collecting bank is liable for conversion when it pays a specially endorsed instrument over a forged endorsement.
• Circle v. JIM Walter Homes, Inc.
  535 F.2d 583· 10th Cir.· 1976-04-12 ·cited 4×
  The court held that promissory notes used in consumer credit transactions, even if prohibited by statute, remain negotiable instruments under the UCC and are not rendered a nullity, and that the class action was improperly denied.
• Kincaid Cotton Co., Inc. v. Kesey Bros.
  504 F.2d 976· 5th Cir.· 1974-12-02 ·cited 4×
  The court held that the trial court erred by not determining applicable Texas law and resolving factual issues regarding a contract's option clause, necessitating a remand for trial.
• In re LAW Research Serv., Inc. v. Martin Lutz App. Printers, Inc.
  498 F.2d 836· 2d Cir.· 1974-05-02 ·cited 4×·via Uniform Commercial Code Article 9
  The court held that an assignment of an existing judgment is perfected upon execution and is not a preferential transfer under the Bankruptcy Act, even if filed later.
• Amerine Nat'l Corp. v. Denver Feed Co.
  493 F.2d 1275· 10th Cir.· 1974-02-20 ·cited 4×
  The court held that the written contract, reflecting the parties' course of dealing, was the final expression of their agreement and that the delivered turkeys complied with its terms. The court also affirmed the trial court's discretionary award of attorney's fees.
• Barnett Bank OF Pensacola v. Fletcher
  290 So. 2d 533· Fla. 1st DCA· 1974-02-19 ·cited 4×
  The court held that the language in the security agreement and collateral note was sufficient to grant the bank a security interest in the decedent's accounts receivable and contract rights, including after-acquired property and proceeds.
• City OF Louisville v. Rockwell Mfg. Co.
  482 F.2d 159· 6th Cir.· 1973-06-27 ·cited 4×
  The court held that the agreement for parking meters was an enforceable contract, and the City breached it by repudiating the agreement and purchasing meters from another vendor. The court affirmed the award for manufactured meters but reversed and remanded for recalculation of l
• Warren v. Lopatin
  475 F.2d 1329· D.C. Cir.· 1973-03-20 ·cited 4×
  The court held that the record was insufficient to determine if the appellee was a holder in due course, requiring a remand for further factual development.
• Fear Ranches, Inc. v. Berry
  470 F.2d 905· 10th Cir.· 1972-12-18 ·cited 4×
  The court held that the trial court's findings supported the conclusion that no implied warranty of fitness for a particular purpose existed, but remanded for further findings regarding implied warranty of merchantability and custom regarding brucellosis.
• Armende Lesser v. Jewel Factors Corp.
  470 F.2d 108· 2d Cir.· 1972-11-20 ·cited 4×·via Uniform Commercial Code § 9-503
  The court held that the transfer of assets from insolvent corporations to a new entity was a fraudulent transfer, and the creditor must repay funds received from this transfer.
• McDANIEL v. Baptist Mem'l Hosp.
  469 F.2d 230· 6th Cir.· 1972-10-26 ·cited 4×
  A hospital is not strictly liable for transmitting serum hepatitis through a blood transfusion, as Tennessee law treats such transfusions as medical services, not sales, and exempts them from implied warranties.
• Swift v. J. I. Case Co. & Fla. Tractor Mart, Inc.
  266 So. 2d 379· Fla. 1st DCA· 1972-07-18 ·cited 4×
  A merchant dealer purchasing a tractor in the ordinary course of business cannot take free of a perfected security interest without first making a good faith inquiry into the existence of prior recorded security interests.
• In re Double H Prods. Corp.
  462 F.2d 52· 3d Cir.· 1972-05-31 ·cited 4×
  The court held that the Government's title to inventory under a progress payment clause vested immediately and was not merely a security interest, thus it was superior to the bank's lien.
• The Glidden Co. v. Zuckerman
  245 So. 2d 639· Fla. 3d DCA· 1971-03-16 ·cited 4×
  The Glidden Company appealed a judgment on the pleadings dismissing its action against individual comakers of a promissory note after the company settled with the corporate comaker in bankruptcy. The court held that the case presents a factual question regarding whether the indiv
• Sani-Serv Div. OF Burger Chef Sys., Inc. v. S. Bank OF W. Palm Beach
  244 So. 2d 509· Fla. 4th DCA· 1970-12-18 ·cited 4×
  Sani-Serv sued Southern Bank for dishonoring a cashier's check for $5,161.66. The trial court awarded only partial judgment, finding Sani-Serv was not a holder in due course. The appellate court reversed, holding the bank failed to establish a valid defense to the check and that
• Exch. Nat'l Bank OF Winter Haven v. Beshara
  236 So. 2d 198· Fla. 2d DCA· 1970-06-03 ·cited 4×
  Exchange National Bank appeals a trial court's dismissal of its action to enforce a check drawn by Beshara payable to the Bank and its debtor Sanelco as co-payees. The court reverses, holding that the Bank qualified as a holder in due course under the Uniform Commercial Code beca
• In re Mohammed v. Universal C.I.T. Credit Corp.
  327 F.2d 616· 6th Cir.· 1964-02-13 ·cited 4×
  The court held that the district court erred in interpreting the Michigan statute to invalidate a chattel mortgage solely because it was not re-recorded in a county to which the mortgaged property was moved, when it was initially properly recorded in the county of residence and l
• In re Laskin
  316 F.2d 70· 3d Cir.· 1963-04-05 ·cited 4×
  A bankruptcy court is not bound by state law regarding the admissibility of evidence to determine a party's liability on a note; it can apply equitable principles to ascertain the true intent of the parties.
• 1944 Beach Boulevard, LLC v. Live Oak Banking Co.
  346 So. 3d 587· Fla.· 2022-08-25 ·cited 3×
  The Florida Supreme Court answered a certified question from the Eleventh Circuit regarding the interpretation of a safe harbor statute for defectively named debtors in UCC financing statements. The Court held that because Florida's filing office lacks a 'standard search logic' a
• Third Federal Savings and Loan Associaiton of Cleveland v. Leah G. Koulouvaris A/ K/ a Leah Koulouvaris
  247 So. 3d 652· Fla. 2d DCA· 2018-05-18 ·cited 3×
  Third Federal Savings & Loan Association appealed the trial court's dismissal of its foreclosure action against borrowers who defaulted on a home equity line of credit (HELOC) secured by a second mortgage. The appellate court affirmed the dismissal, holding that the HELOC note wa
• U.S. Bank Nat'l Ass'n v. Roseman
  214 So. 3d 728· Fla. 4th DCA· 2017-03-15 ·cited 3×
  U.S. Bank appeals from an involuntary dismissal of its foreclosure action after the trial court denied admission of the original promissory note. The appellate court reverses, holding that the trial court erred both in excluding the note based on authenticity and in dismissing th
• Validsa, Inc. v. Pdvsa Servs. Inc.
  632 F. Supp. 2d 1219· S.D. Fla.· 2009-07-10 ·cited 3×
  The court held that Defendants breached contracts by failing to pay for accepted goods and anticipatorily repudiated other contracts by failing to provide adequate assurances of performance.
• Textron Fin. Corp. v. Lentine Marine Inc.
  2009 U.S. Dist. LEXIS 33874· S.D. Fla.· 2009-04-20 ·cited 3×·via Uniform Commercial Code Article 9
  The court granted partial summary judgment for the plaintiff on claims for inventory sold without repayment, repossession costs, interest, and the guarantors' liability, but denied it on the amount of the deficiency due to issues of commercial reasonableness.
• Attorney's Title Ins. Fund, Inc. v. Regions Bank
  491 F. Supp. 2d 1087· S.D. Fla.· 2007-04-11 ·cited 3×·via Uniform Commercial Code Article 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
• Dickason v. Marine Nat'l Bank OF Naples, N.A.
  898 So. 2d 1170· Fla. 2d DCA· 2005-04-06 ·cited 3×·via Uniform Commercial Code Article 9
  This case addresses a question of first impression in Florida: whether Article 9 of the UCC permits incorporation of a financing statement's collateral description into a security agreement to reflect the parties' intent regarding after-acquired property. The court held that such
• Mosher v. Anderson
  817 So. 2d 812· Fla.· 2002-04-25 ·cited 3×
  The Florida Supreme Court held that the statute of limitations for an oral loan payable on demand begins to run only when a demand for payment is made and the debtor fails to pay. This decision resolves a conflict between Florida's district courts and clarifies when a cause of ac
• Allapattah Servs., Inc. v. Exxon Corp.
  157 F. Supp. 2d 1291· S.D. Fla.· 2001-08-07 ·cited 3×
  The court held that it cannot ministerially enter an aggregate final judgment for compensatory damages and prejudgment interest based on the jury's special verdict, as the verdict did not award such an aggregate amount and the required calculations go beyond simple ministerial ta
• Tropical Jewelers, Inc. v. NationsBANK
  781 So. 2d 381· Fla. 3d DCA· 2000-01-21 ·cited 3×·via Uniform Commercial Code Article 9
  A Florida appellate court reversed summary judgment against a company and its individual guarantors in a deficiency action, holding that guarantors cannot waive their UCC rights to require commercially reasonable disposition of collateral, even when the underlying loan documents
• Racso Diagnostic, Inc. v. Cmty. Bank OF Homestead
  735 So. 2d 519· Fla. 3d DCA· 1999-05-05 ·cited 3×
  Racso Diagnostic sued Community Bank for converting stolen checks made payable to Racso by paying them over forged endorsements. The court reversed summary judgment for the bank, finding genuine issues of material fact regarding constructive delivery of the checks and holding tha
• Video Trax, Inc. v. NationsBank, N.A.
  33 F. Supp. 2d 1041· S.D. Fla.· 1998-12-10 ·cited 3×
  The court held that overdraft fees charged by a national bank are not 'interest' under the National Bank Act when they are not connected to an extension of credit, and thus do not trigger usury laws.
• Biermann v. Cook
  619 So. 2d 1029· Fla. 2d DCA· 1993-06-04 ·cited 3×
  The Florida Second District Court of Appeal dismissed appellant Biermann's appeal as frivolous and brought in bad faith, imposing sanctions including attorney's fees. Biermann had repeatedly attempted to relitigate a quiet title case that had been resolved against him in 1990, fi
• In re Flo-Lizer, Inc. v. Flo-Lizer, Inc.
  946 F.2d 1237· 6th Cir.· 1991-10-21 ·cited 3×
  The court held that property not belonging to the debtor cannot be included in the debtor's estate, even if the debtor misrepresented ownership.
• Interfase Mktg., Inc. v. Pioneer Techs. Grp., Inc.
  774 F. Supp. 1351· M.D. Fla.· 1991-09-12 ·cited 3×
  The court held that the economic loss rule barred claims for breach of implied warranty, but allowed a misrepresentation claim as an exception when no contractual remedy exists.
• H. Sand & Co., Inc. v. Airtemp Corp.
  934 F.2d 450· 2d Cir.· 1991-06-03 ·cited 3×
  The court held that a genuine issue of material fact exists regarding the date of tender of delivery for a chiller, precluding summary judgment based on the statute of limitations.
• Kelly Tractor Co. v. R.J. Canfield Contracting, Inc.
  579 So. 2d 261· Fla. 4th DCA· 1991-05-02 ·cited 3×·via Ucc-1 Filing
  Kelly Tractor appealed a judgment awarding $53,585 to lessees R.J. Canfield Contracting and R.J. Canfield for conversion and breach of good faith after Kelly Tractor replevied a front-end wheel loader without notice. The Fourth District Court of Appeal reversed, holding that Kell
• Gibson v. Resolution Tr. Corp.
  750 F. Supp. 1565· S.D. Fla.· 1990-10-30 ·cited 3×
  The Resolution Trust Corporation (RTC) properly repudiated an executory contract for legal services under FIRREA, and the contract did not create a trust or a security interest, thus the RTC's motion for summary judgment is granted.
• T & T AIR Charter, Inc. v. Duncan Aircraft Sales
  566 So. 2d 361· Fla. 4th DCA· 1990-09-05 ·cited 3×·via Uniform Commercial Code Article 2
  The court held that the buyer failed to establish the right to replevin for the aircraft under the UCC.
• Unifirst Fed. Sav. Bank v. The Am. Ins. Co.
  905 F.2d 208· 8th Cir.· 1990-06-05 ·cited 3×·via Uniform Commercial Code (Ucc) Article 5
  The court held that the assignment of the right to proceeds of a letter of credit was valid under Arkansas law, and the presented documents were sufficient to show default, thus affirming the grant of summary judgment.
• Hobart E. Rosen v. Ira Spanierman & Ira Spanierman Gallery
  894 F.2d 28· 2d Cir.· 1990-01-08 ·cited 3×
  The court held that breach of warranty claims are barred by the statute of limitations because the warranty did not explicitly extend to future performance, but the Rosens stated a claim for common law fraud.
• McJUNKIN Corp. v. Mechanicals, Inc.
  888 F.2d 481· 6th Cir.· 1989-11-02 ·cited 3×
  A seller's limitation of liability in an acknowledgment form is inoperative if the acknowledgment is expressly conditional on the buyer's assent to its terms, and no contract is formed by the exchange of forms, even if conduct establishes a contract under UCC § 2-207(3).
• Retha D. Frierson v. United Farm Agency, Inc.
  868 F.2d 302· 8th Cir.· 1989-02-23 ·cited 3×·via Uniform Commercial Code Article 9
  A bank's right of setoff against a depositor's funds is triggered when the debt becomes due, which can occur automatically upon the debtor's failure to discharge a judgment within a specified period, even if the bank has not formally declared a default.
• Weyher/Livsey Constructors, Inc. v. Int'l Chem. Co.
  864 F.2d 130· 11th Cir.· 1989-01-25 ·cited 3×
  The court held that terms on the reverse of a purchase order do not need to be conspicuous under the UCC if they are express warranties and not disclaimers. The case is remanded for determination of enforceability under general contract principles.
• Avant Petroleum, Inc. v. Banque Paribas
  853 F.2d 140· 2d Cir.· 1988-08-04 ·cited 3×·via Uniform Commercial Code Article 9
  The court held that a secured party's failure to file continuation statements after depositing funds in an interpleader action does not subordinate its perfected security interest to a later-acquired lien, as the rights of the parties should be determined as of the time the inter