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 Pac. Caribbean Shipping (U.S.A.), Inc. v. Placedo Shipping Corp. OF Liberia
  789 F.2d 1406· 9th Cir.· 1986-05-20 ·cited 3×·via Uniform Commercial Code Article 9
  The Uniform Commercial Code (UCC) Article 9 does not apply to maritime liens on subfreights, and therefore, perfection by filing was not required for the shipowner's lien to prevail against a bankruptcy trustee.
• In re Am. Pouch Foods, Inc.
  769 F.2d 1190· 7th Cir.· 1985-07-30 ·cited 3×
  The court should apply Illinois' Uniform Commercial Code as the rule of decision and hold that the United States held only an unperfected security interest in the seized assets.
• Georgia-Pacific Corp. v. Walter E. Heller & Co. Se., Inc.
  440 So. 2d 666· Fla. 1st DCA· 1983-11-18 ·cited 3×·via Ucc-1 Financing Statement
  Georgia-Pacific appealed a judgment requiring it to pay Walter E. Heller & Company (Heller) $11,321 plus interest for conversion of consigned paper products. The court held that Georgia-Pacific's consignment of goods to Bill Amos Brokerage constituted a 'sale or return' transacti
• TOM Bush Volkswagen, Inc. v. Luiz C. Kuntz
  429 So. 2d 398· Fla. 1st DCA· 1983-03-29 ·cited 3×
  Tom Bush Volkswagen appeals a judgment allowing a car purchaser to revoke acceptance of a defective 1980 Volkswagen Rabbit and recover the full purchase price. The court affirmed the revocation of acceptance but reversed the denial of a set-off for the buyer's use of the vehicle,
• Jimani Corp. v. S.L.T. Warehouse Co.
  409 So. 2d 496· Fla. 1st DCA· 1982-01-05 ·cited 3×
  This case involves competing claims to prefabricated bathroom modules stored in a field warehouse. The court clarifies the rights of sellers to stop delivery, the validity of warehouseman's liens, the requirements for field warehousing, and the enforceability of security interest
• GUY James Constr. Co. v. Trinity Indus., Inc.
  650 F.2d 93· 5th Cir.· 1981-07-08 ·cited 3×
  The court held that the Uniform Commercial Code authorized recovery of consequential damages, including the time/price differential, and modified the prejudgment interest award to run until the date of judgment.
• Publicker Indus., Inc. v. Roman Ceramics Corp.
  652 F.2d 340· 3d Cir.· 1981-06-26 ·cited 3×
  The court held that Publicker Industries, Inc. is directly liable under the contract for the sale of ceramic bells, and affirmed the district court's damage award with a slight modification for credits on outside sales.
• Cosmopolitan Credit & Inv. Corp. v. Blyth Eastman Dillon & Co.
  507 F. Supp. 954· S.D. Fla.· 1981-02-23 ·cited 3×·via Uniform Commercial Code Article 9
  The court held that the defendant was a bona fide purchaser of the GNMA certificates and therefore not liable for conversion, and also granted summary judgment on the 10b-5 claim.
• Sheppard v. Revlon, Inc.
  267 So. 2d 662· Fla. 3d DCA· 1972-10-10 ·cited 3×
  The court held that the transaction constituted a sale subject to implied warranties, but the plaintiffs failed to adduce sufficient proof of proximate causation for the eye injury.
• VFS Leasing Co. v. Markel Ins. Co.
  120 F.4th 745· 11th Cir.· 2024-10-30 ·cited 2×·via Uniform Commercial Code Article 3
  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.
• Gulfstream Aerospace Corp. v. Oceltip Aviation 1 PTY Ltd
  31 F.4th 1323· 11th Cir.· 2022-04-18 ·cited 2×
  The Federal Arbitration Act's standards for reviewing arbitral awards apply because the contract did not clearly specify otherwise, and the defendant waived any argument under those standards.
• United Auto. Ins. Co. v. Rivero Diagnostic Ctr., Inc.
  327 So. 3d 376· Fla. 3d DCA· 2021-08-25 ·cited 2×
  Language stating "FULL & FINAL PAYMENT OF PIP BENEFITS" displayed on the payee line of a check satisfies the "conspicuous statement" requirement of Florida Statute section 673.3111(2) when it is so written, displayed, or presented that a reasonable person against whom it operates
• Ruth P. LAW v. Benjamin F. LAW
  299 So. 3d 505· Fla. 3d DCA· 2020-03-04 ·cited 2×·via Ucc-1 Financing Statement
  This case involves a dispute over a "hold harmless" provision in a mediated settlement agreement (MSA) incorporated into a divorce judgment. The appellate court reversed the trial court's denial of a wife's motion for indemnification, finding that the husband was obligated to cov
• Gen. Motors Acceptance Corp. v. Honest AIR Conditioning & Heating, Inc.
  933 So. 2d 34· Fla. 2d DCA· 2006-05-12 ·cited 2×·via Uniform Commercial Code Article 3
  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
• Picker Fin. Grp. L.L.C. v. Horizon Bank
  293 B.R. 253· M.D. Fla.· 2003-05-12 ·cited 2×·via Ucc-1 Financing Statement
  A lender who fails to review a UCC-1 search showing an intervening lien is not entitled to equitable subrogation, as Florida law, particularly Boley v. Daniel, still considers constructive notice a bar.
• Aquilla J. Allen and Virginia C. Allen v. Coates
  661 So. 2d 879· Fla. 1st DCA· 1995-10-10 ·cited 2×·via Uniform Commercial Code Article 9
  The Allens sold their electrical business corporation's stock to Coates for $150,000, secured by promissory notes. When Coates defaulted and the Allens retook control of the business, they sued for judgment on the full debt. The court affirmed summary judgment for Coates, holding
• First Nat'l Bank OF the Fla. Keys v. Rosasco
  622 So. 2d 554· Fla. 3d DCA· 1993-08-03 ·cited 2×
  The court held that the bank, as a bona fide purchaser with a perfected security interest in the stock, was entitled to the proceeds from its sale, free of any adverse claims.
• Walls v. Armour Pharm. Co.
  832 F. Supp. 1467· M.D. Fla.· 1993-07-19 ·cited 2×
  The court held that the products liability statute of limitation, not the negligence statute, applied to the failure-to-warn claim, and the action was timely filed.
• Menichini v. Lissa L. Grant
  995 F.2d 1224· 3d Cir.· 1993-06-07 ·cited 2×
  The court held that the discovery rule does not apply to conversion actions for negotiable instruments when the defendant is not engaged in fraudulent concealment, and that the plaintiff's negligence in supervising his employee substantially contributed to the forgeries, potentia
• Murrell v. NCNB Nat'l Bank OF Fla.
  611 So. 2d 603· Fla. 5th DCA· 1993-01-08 ·cited 2×
  Summary judgment was improvidently granted in a guaranty case because material factual disputes existed regarding payment and fraudulent inducement, requiring reversal and remand for trial.
• Alaska Textile Co., Inc. v. Chase Manhattan Bank, N.A.
  982 F.2d 813· 2d Cir.· 1992-12-28 ·cited 2×·via Uniform Commercial Code (Ucc) Article 5
  The court held that submitting documents on an 'approval basis' does not waive the issuer's obligation to act within a reasonable time under UCP Article 16(c), and that the issuer acted within such reasonable time.
• Amwest Sur. Ins. Co. v. Republic Nat'l Bank
  977 F.2d 122· 4th Cir.· 1992-10-01 ·cited 2×·via Uniform Commercial Code (Ucc) Article 5
  The court held that Republic National Bank was unjustly enriched by retaining $122,000 returned by Amwest, as Amwest's initial draw on the letter of credit, though for the full amount, did not extinguish the bank's obligation to honor subsequent drafts if the returned funds were
• In re Melon Produce, Inc. v. Karger
  976 F.2d 71· 1st Cir.· 1992-09-29 ·cited 2×
  The court held that a creditor's perfected security interest in after-acquired property, including rights to money and checks, does not relate back to the original filing date for bankruptcy preference purposes if the interest is created or perfected within the preference period.
• Arent v. Distrib. Scis., Inc.
  975 F.2d 1370· 8th Cir.· 1992-09-24 ·cited 2×
  Individual shareholders cannot assert claims that belong to the corporation, especially when the alleged injury is not separate and distinct from the harm suffered by the corporation.
• State v. Fam. Bank OF Hallandale as successor-in-interest to Seminole Nat'l Bank
  593 So. 2d 581· Fla. 1st DCA· 1992-02-05 ·cited 2×
  Florida appeals a summary judgment holding that state warrants issued before the effective date of chapter 91-216 are negotiable instruments under the Uniform Commercial Code. The court affirmed, holding that state warrants are negotiable unless clearly marked otherwise, and that
• OLD Stone Bank v. Tycon I Bldg. Ltd. P'ship
  946 F.2d 271· 4th Cir.· 1991-09-26 ·cited 2×
  The dissenting judge would affirm the district court's decision, finding the bankruptcy court's interpretation of its own order regarding the deposit as liquidated damages controlling.
• In re Roete v. Smith
  936 F.2d 963· 7th Cir.· 1991-07-10 ·cited 2×
  The court held that presenting a negotiable instrument for payment after a bankruptcy filing does not violate the automatic stay if it falls under a statutory exception, and that sanctions against counsel for a frivolous brief were appropriate.
• Fed. Deposit Ins. Corp. v. Bowles Livestock Comm'n Co.
  937 F.2d 1350· 8th Cir.· 1991-07-03 ·cited 2×
  The dissenting judge would affirm the district court's judgment, finding the FDIC barred by 12 U.S.C. § 1823(e) from asserting claims against the bank.
• GAF Corp. v. The United States
  932 F.2d 947· Fed. Cir.· 1991-05-08 ·cited 2×
  The court held that the government had no duty to warn an experienced asbestos producer of known hazards, nor did it breach an implied warranty of specifications or merchantability.
• In re Holiday Intervals, Inc. v. Jack E. Brown for Holiday Intervals, Inc.
  931 F.2d 500· 8th Cir.· 1991-04-25 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that promissory notes, even when included on land sale installment contracts, retain their status as instruments under the UCC.
• Action Orthopedics, Inc. v. Techmedica, Inc.
  759 F. Supp. 1566· M.D. Fla.· 1991-03-11 ·cited 2×·via Florida Uniform Commercial Code
  The court held that attorney fees awarded under Florida common law for inequitable conduct are considered 'costs' and thus cannot be included in the amount in controversy for diversity jurisdiction. However, the court found that the plaintiff's tort claim, involving additional de
• In re Heide v. Mading King Cnty. Enters., Inc.
  915 F.2d 531· 9th Cir.· 1990-10-01 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that the assignment of a vendor's interest in a real estate contract, which includes the right to receive payments, is a transaction intended to create a security interest in personal property and is therefore governed by Article 9 of the Uniform Commercial Code.
• Cole Energy Dev. Co. v. Ingersoll-Rand Co.
  913 F.2d 1194· 7th Cir.· 1990-09-13 ·cited 2×
  The court held that the district court erred in denying the parties a trial on damages and in calculating the amount of damages awarded to Cole, requiring a remand for further proceedings.
• In re White v. White
  908 F.2d 691· 11th Cir.· 1990-07-19 ·cited 2×·via Ucc-1 Financing Statement
  The court held that the district court erred in dismissing the appeal as untimely and in finding the creditor's lien invalid, remanding for reconsideration of the creditor's secured status.
• Fed. Land Bank OF Wichita v. Ferguson
  896 F.2d 1244· 10th Cir.· 1990-02-20 ·cited 2×
  The court held that the Supreme Court's decision in Kimbell Foods mandates the application of state law to determine the priority of consensual federal liens, including attorney's fees claims, absent congressional directive.
• United States v. Barton C. Kelley and Donna Marie Kelley
  890 F.2d 220· 10th Cir.· 1989-11-21 ·cited 2×
  The court held that under Kansas law, guarantors are treated as debtors and cannot waive the commercial unreasonableness defense, and that state law, not a uniform federal rule, should govern these SBA loan cases.
• William G. Wilcox, D.O. v. United States
  888 F.2d 1111· 6th Cir.· 1989-11-03 ·cited 2×
  The court held that the district court erred in applying the law of the case doctrine to a summary judgment motion after denying a preliminary injunction, and that the sale of the 1935 Auburn was void under Michigan law because the seller failed to endorse and deliver the certifi
• In re J.D. Allen v. Mich. Nat'l Bank
  888 F.2d 1299· 10th Cir.· 1989-11-02 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that the debtor's interest in the Purchase and Escrow Agreement was a 'general intangible' and that the transfer to Michigan National Bank was a contemporaneous exchange for new value, thus not an avoidable preferential transfer.
• Am. Plastic Equip., Inc. v. CBS Inc.
  886 F.2d 521· 2d Cir.· 1989-09-28 ·cited 2×·via Uniform Commercial Code Article 2
  The court held that summary judgment was inappropriate because there were unresolved factual disputes regarding whether the parties sufficiently identified the specific property to be purchased and whether the Statute of Frauds applied.
• In re Coral Petroleum, Inc. v. Coral Petroleum, Inc.
  878 F.2d 830· 5th Cir.· 1989-07-28 ·cited 2×·via Uniform Commercial Code (Ucc) Article 5
  The court held that a beneficiary's failure to strictly comply with the terms of a letter of credit, even if due to an impossibility arising from technical terms provided by the customer and approved by the beneficiary, does not excuse non-compliance, and the issuing bank is not
• Integrated Circuits Unlimited v. E.F. Johnson Co.
  875 F.2d 1040· 2d Cir.· 1989-05-23 ·cited 2×·via Uniform Commercial Code Article 2
  The court held that a buyer's effective rejection of goods, even if substantively wrongful, limits the seller to nonacceptance damages, and that the seller here was entitled to no damages due to identical contract and market prices and lack of lost volume status.
• Crudele v. Accent Realty OF Jacksonville, Inc.
  541 So. 2d 742· Fla. 3d DCA· 1989-04-11 ·cited 2×
• In re John O. NIX and wife v. NIX
  864 F.2d 1209· 5th Cir.· 1989-02-08 ·cited 2×·via Uniform Commercial Code Article 9
  A Keogh retirement plan is a general intangible subject to a security lien under Article 9 of the Uniform Commercial Code, not a 'bank deposit' excepted from Article 9.
• In re Truman R. Kingsley and Connie Kingsley v. First Am. Bank OF Casselton
  865 F.2d 975· 8th Cir.· 1989-01-26 ·cited 2×·via Uniform Commercial Code Article 9
  Federal farm deficiency and diversion payments are not 'proceeds' of crops under North Dakota law and therefore are not covered by a security agreement applying to crops and their proceeds.
• Transparent Prods. Corp. v. Paysaver Credit Union
  864 F.2d 60· 7th Cir.· 1988-12-16 ·cited 2×·via Uniform Commercial Code (Ucc) Article 5
  A document labeled a 'letter of credit' is not a letter of credit under the UCC if it does not contain an engagement to pay upon compliance with specified conditions.
• Chrysler Credit Corp. v. Louis Joliet Bank & Tr. Co.
  863 F.2d 534· 7th Cir.· 1988-11-28 ·cited 2×
  The court held that the second agreement rescinded a prior agreement concerning installment contract property, not the original land trust agreement, and that the doctrine of merger did not terminate the land trust under Illinois law.
• The Bank OF Coral Gables v. Eve E. Murphy
  533 So. 2d 902· Fla. 3d DCA· 1988-11-15 ·cited 2×
  The Bank of Coral Gables sued Eve Murphy on promissory notes she executed in 1984 and 1985 after her husband's death. Murphy argued her liability was limited by a 1983 guaranty she had signed for her husband's separate loan obligation. The court held that the 1983 guaranty could
• Edelmann v. The Chase Manhattan Bank, N.A.
  861 F.2d 1291· 1st Cir.· 1988-08-22 ·cited 2×
  The court held that New York law applies to the certificates of deposit, and the cause of action accrues upon demand, making the plaintiffs' suit timely.
• United States v. Hibernia Nat'l Bank
  841 F.2d 592· 5th Cir.· 1988-04-05 ·cited 2×
  The court held that Hibernia National Bank is liable to the United States for the $220,000 overpayment due to its failure to exercise ordinary care in processing the Treasury check. The judgment against Joseph Rault was vacated and remanded for further clarification.
• In re Kelley v. First Westroads Bank
  840 F.2d 554· 8th Cir.· 1988-02-09 ·cited 2×·via Uniform Commercial Code (Ucc) Article 5
  The court held that temporary restraining orders did not excuse issuing banks from their obligation to honor conforming drafts under letters of credit once the orders expired, and that the FDIC was entitled to interest as damages for wrongful dishonor.