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

• Carlson v. Armstrong World Indus., Inc.
  693 F. Supp. 1073· S.D. Fla.· 1987-10-22 ·cited 2×
  The court denied motions to dismiss negligence, strict liability, and implied warranty claims, but granted dismissal for civil conspiracy claims due to lack of particularity. Motions to strike punitive damages were largely denied, except for those based on loss of consortium and
• In re Tittabawassee Inv. Co. v. Tittabawassee Inv. Co.
  831 F.2d 104· 6th Cir.· 1987-10-07 ·cited 2×
  A security interest in a Michigan liquor license requires filing a financing statement under the UCC to be perfected; an unperfected security interest is inferior to a perfected security interest and a trustee's lien.
• Fiat Motors of N. Am., Inc. v. Mellon Bank, N.A.
  827 F.2d 924· 3d Cir.· 1987-09-02 ·cited 2×·via Uniform Commercial Code (Ucc) Article 5
  The court held that the Wholesale Finance Commitment constituted a letter of credit and affirmed the district court's judgment regarding damages and prejudgment interest.
• Cianbro Corp. v. Curran-Lavoie, Inc.
  814 F.2d 7· 1st Cir.· 1987-03-18 ·cited 2×·via Uniform Commercial Code Article 2
  The court held that the settlement agreement was clear and unambiguous, resolving all disputes, and that Cianbro was entitled to set-off the disputed amount from its note payments.
• K.B. OIL Co. v. Ford Motor Credit Co., Inc.
  811 F.2d 310· 6th Cir.· 1987-02-10 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that a commercial buyer's repeated acceptance of late payments did not waive the creditor's right to repossess upon default, and that the resale of repossessed collateral was commercially reasonable.
• Chahram Pahlavi v. Petros Palandjian
  809 F.2d 938· 1st Cir.· 1987-01-21 ·cited 2×
  The court held that Palandjian's counterclaims were time-barred and not compulsory, and that Pahlavi was entitled to summary judgment on his claim regarding the dishonored check, with pre-judgment interest awarded from the date of dishonor.
• Rockwood Mfg. Corp. v. AMP, Inc.
  806 F.2d 142· 7th Cir.· 1986-11-25 ·cited 2×
  The court held that cashing a check did not constitute acceptance of an offer when the offer prescribed a specific mode of acceptance (defendant's acknowledgment form), and therefore the terms of the acknowledgment form became part of the contract.
• Allstate Fin. Corp. v. Dundee Mills, Inc.
  800 F.2d 1073· 11th Cir.· 1986-09-30 ·cited 2×
  The court held that Allstate waived its right to collect certain payments by its conduct and acquiescence, but genuine issues of material fact remained regarding other payments.
• Magnuson v. Jones
  491 So. 2d 1315· Fla. 5th DCA· 1986-08-07 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that a beneficiary's interest in a properly created Illinois Land Trust is personal property, allowing for foreclosure under the Uniform Commercial Code, not necessarily a real estate mortgage foreclosure.
• Cal. & Hawaiian Sugar Co. v. SUN Ship, Inc.
  794 F.2d 1433· 9th Cir.· 1986-07-22 ·cited 2×
  Liquidated damages are enforceable if reasonable in light of anticipated or actual harm, even if actual damages are less, especially when parties have bargaining parity and actual damages are difficult to ascertain.
• Smith v. Dairymen, Inc.
  790 F.2d 1107· 4th Cir.· 1986-05-14 ·cited 2×·via Uniform Commercial Code Article 9
  A creditor's pre-petition security interest in farm products extends to post-petition products if the security agreement covers proceeds and applicable state law permits it, but a non-appealing party cannot benefit from an appeal filed by another party.
• In re Load-It, Inc. v. VTCC, Inc.
  774 F.2d 1077· 11th Cir.· 1985-10-29 ·cited 2×
  The court held that the lessor substantially complied with the Georgia Title Act by listing itself as 'owner' on the certificate of title, thereby perfecting its security interest.
• Nat'l Credit Union Admin. v. Mich. Nat'l Bank OF Detroit
  771 F.2d 154· 6th Cir.· 1985-08-27 ·cited 2×
  When a check bears both a forged drawer's signature and a missing or forged indorsement, the loss is allocated as if only the drawer's signature was forged, following the Perini rule.
• Gathercrest Ltd. v. First Am. Bank & Tr.
  649 F. Supp. 106· M.D. Fla.· 1985-07-08 ·cited 2×
  The court held that the parties agreed, through their conduct and banking customs, that the Uniform Rules of Collection (URC) would govern their duties regarding the first bill of exchange, and that the bills of exchange qualified as documentary drafts under the UCC.
• Aeronautics & Astronautics Servs. v. First Palm Beach Int'l Bank
  471 So. 2d 188· Fla. 3d DCA· 1985-06-18 ·cited 2×·via Ucc-1 Financing Statement
  In this interpleader action, the Third District Court of Appeal reversed summary judgment for First Palm Beach Bank in a dispute over $50,000 in cash proceeds from Aerotal's account. The court held that while the bank had a perfected security interest in specified accounts receiv
• In re Bufkin Bros., Inc. v. Appliance Buyers Credit Corp.
  757 F.2d 1573· 5th Cir.· 1985-04-22 ·cited 2×
  A typewritten corporate name on a continuation statement, coupled with the present intention to authenticate, substantially complies with the UCC's signature requirement, and a creditor is not responsible for a filing officer's improper rejection of a substantially compliant docu
• Inter-Ocean (Free Zone), Inc. v. Manaure Lines, Inc.
  615 F. Supp. 710· S.D. Fla.· 1985-04-18 ·cited 2×
  The court held that the stevedore, as a bailee, was liable for the loss of cargo due to its negligence in failing to provide adequate security, and that its attempts to limit liability under a tariff or COGSA were unavailing.
• SUN Bank, N.A. v. Parkland Design & Dev. Corp.
  466 So. 2d 1089· Fla. 5th DCA· 1985-01-31 ·cited 2×·via Uniform Commercial Code Article 9
  Sun Bank appeals a judgment awarding Ocean Properties, Ltd. priority over Sun Bank's garnishment claim to funds owed to Parkland Design as real estate commissions. The court reverses, holding that the assignment of the commissions constitutes an 'account' under the Uniform Commer
• In re O'Neill's Shannon Vill. v. Dorothy
  750 F.2d 679· 8th Cir.· 1984-12-17 ·cited 2×
  A valid security interest can be created in a South Dakota liquor license under the Uniform Commercial Code, and such an interest is enforceable against a bankruptcy trustee.
• Brescher v. Assocs. Fin. Servs.
  460 So. 2d 464· Fla. 4th DCA· 1984-12-05 ·cited 2×·via Uniform Commercial Code Article 9
  A secured creditor may recover possession of collateral through replevin from a sheriff holding the property under execution when the debtor has defaulted on the secured loan. The court held that Florida's UCC § 679.503, which grants secured parties the right to take possession u
• Ayares-Eisenberg Perrine Datsun, Inc. v. SUN Bank OF Miami
  455 So. 2d 525· Fla. 3d DCA· 1984-08-21 ·cited 2×·via Uniform Commercial Code Article 9
  The Florida Third District Court of Appeal reversed a summary judgment for Sun Bank in a secured creditor dispute, holding that a secured creditor cannot pursue dual remedies simultaneously against a debtor and must complete one remedy before pursuing another. The court remanded
• In re Davison v. Davison
  738 F.2d 931· 8th Cir.· 1984-07-09 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that the term 'debtor' for purposes of signing a financing statement under the UCC means the owner of the collateral, and that the bankruptcy court erred by presuming ownership based on tenancy by the entirety without first determining actual ownership.
• Lefler v. Ky. Fin. Co., Inc.
  736 F.2d 375· 6th Cir.· 1984-06-18 ·cited 2×
• Brown & Root, Inc. v. Ring Power Corp.
  450 So. 2d 1245· Fla. 5th DCA· 1984-06-07 ·cited 2×
  Brown & Root seeks to recover a Caterpillar loader stolen from it in Texas and later purchased in good faith by Ring Power Corporation in Louisiana. The court held that Florida's public policy against allowing thieves to transfer title to innocent purchasers outweighs comity cons
• Hutchison v. C.I.T. Corp.
  726 F.2d 300· 6th Cir.· 1984-02-08 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that the defendants' perfected security interests were superior to the plaintiff's unperfected security interest, and that one defendant qualified as a buyer in the ordinary course of business, taking the property free of any prior security interest.
• Myers v. Columbus Sales Pavillion, Inc.
  723 F.2d 37· 8th Cir.· 1983-12-14 ·cited 2×·via Uniform Commercial Code Article 2
  The court held that the auctioneer was not liable for conversion of sale proceeds when the buyer paid the seller with a worthless check, as the auctioneer had already remitted the proceeds to the buyer without notice of the seller's claim.
• Shell OIL Co. v. Mills OIL Co., Inc.
  717 F.2d 208· 5th Cir.· 1983-10-17 ·cited 2×
  A bank with a perfected security interest in inventory is a good faith purchaser under UCC § 2-403, even if it knows the seller has not been paid, and can prevail over the unpaid seller's reclamation rights.
• Thomson Printing Mach. Co. v. B.F. Goodrich Co.
  714 F.2d 744· 7th Cir.· 1983-08-12 ·cited 2×
  The court held that a purchase order and partial payment sent by a merchant buyer to a merchant seller satisfied the Statute of Frauds under the UCC's 'merchants' exception, even if the seller's internal mail system failed to promptly deliver the documents to the responsible indi
• Lonray, Inc. v. Azucar, Inc.
  568 F. Supp. 189· M.D. Fla.· 1983-06-27 ·cited 2×
  The court held that the defendant warehouseman was negligent in storing the plaintiff's sugar, leading to a loss, and was liable for damages, while also ruling on various contractual claims and counterclaims.
• Yahn & McDONNELL, Inc. v. Farmers Bank OF the State OF Del.
  708 F.2d 104· 3d Cir.· 1983-05-13 ·cited 2×
  The court held that the trial court erred in granting summary judgment, as unresolved factual issues exist regarding the plaintiff's holder in due course status and the bank's actions did not constitute valid payment on the certificate of deposit.
• Myron Ray ELY v. Blevins
  706 F.2d 479· 4th Cir.· 1983-05-03 ·cited 2×
  The court held that the trial court erred in submitting a breach of warranty claim to the jury when Virginia law does not recognize such an implied warranty for innkeepers.
• First Fed. Sav. & Loan of Broward Cnty. v. Blinn
  422 So. 2d 1104· Fla. 4th DCA· 1982-12-08 ·cited 2×
• Halstead Hosp., Inc. v. N. Bank Note Co.
  680 F.2d 1307· 10th Cir.· 1982-06-21 ·cited 2×
  The court held that the defendant's extensive business activities in Kansas, including soliciting business and performing contracts, established sufficient minimum contacts for in personam jurisdiction under the Kansas long-arm statute, and that the contract was a destination con
• Williams v. Ford Motor Credit Co.
  674 F.2d 717· 8th Cir.· 1982-03-31 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that a jury could not reasonably find that the repossession of an automobile at 4:30 a.m. constituted a breach of the peace. The dissent argues that the jury's finding of a breach of the peace was reasonable.
• Ford Motor Credit Co. v. S. E. Barnhart & Sons, Inc.
  664 F.2d 377· 3d Cir.· 1981-11-16 ·cited 2×
  The court held that a Pennsylvania regulation prohibiting the removal of backfilling equipment from a mining site until reclamation is completed does not apply to a finance company seeking to repossess equipment.
• The Upjohn Co. v. Rachelle Labs., Inc.
  661 F.2d 1105· 6th Cir.· 1981-10-21 ·cited 2×
  The court held that the trial court did not err in refusing a contributory negligence instruction for breach of implied warranty and that the damages awarded were supported by sufficient evidence.
• Wilson v. Credithrift OF Am., Inc.
  659 F.2d 122· 9th Cir.· 1981-10-16 ·cited 2×
  The court held that the description of the security interest in both cases was sufficient under the Truth in Lending Act and Regulation Z. The term 'chattel mortgage' was not misleading, and the reference to a 'security agreement' coupled with a clear description of collateral wa
• ST. Paul Fire & Marine Ins. Co. v. Mich. Nat'l Bank OF Detroit
  660 F.2d 196· 6th Cir.· 1981-09-23 ·cited 2×
  A surety, after paying a subcontractor and taking an assignment of the subcontractor's claim against a bank for untimely dishonor of a check, cannot recover from the bank if the subcontractor received full satisfaction and released the surety.
• Hardick v. Hill
  403 So. 2d 1125· Fla. 5th DCA· 1981-09-23 ·cited 2×·via Uniform Commercial Code Article 2
  In this conversion lawsuit, the Florida Fifth District Court of Appeal affirmed judgment for the defendant boat seller Hill, holding that Hill had a superior right to repossess a Harbor cabin cruiser because his unpaid seller's interest under the UCC predated the appellants' unpe
• Walter E. Heller & Co. Se. v. Riviana Foods, Inc.
  648 F.2d 1059· 5th Cir.· 1981-06-26 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that the transactions between Riviana and Amos did not constitute a 'sale or return' under Fla.Stat. § 672.2-326(3) because Amos lacked independent authority to sell Riviana's goods.
• In re Circus Time, Inc.
  641 F.2d 39· 1st Cir.· 1981-02-18 ·cited 2×
  The court held that substantial compliance with state Certificate of Title Acts is sufficient to perfect a security interest in a vehicle, even with minor errors that are not seriously misleading.
• In re W. Coast Food Sales, Inc. v. B. J. Holmes Sales Co., Inc.
  637 F.2d 707· 9th Cir.· 1981-01-26 ·cited 2×
  A security agreement executed by a proprietorship remains effective against accounts receivable generated by a successor corporation after a change in entity status, even if no new security agreement is executed by the corporation.
• CIM Int'l v. United States
  641 F.2d 671· 9th Cir.· 1980-12-22 ·cited 2×
  The court held that an unrecorded security interest in an aircraft is not automatically invalid, and a subrogee may be entitled to the assignor's recorded interest, reversing summary judgment for the government.
• Winthrop J. Allegaert in Bankr. of duPont Walston, Inc. v. Chem. Bank
  657 F.2d 495· 2d Cir.· 1980-08-19 ·cited 2×
  The court held that the security interest attached on July 2, 1973, making the transfer more than four months before bankruptcy, and that the DGF debenture qualified as an instrument under the UCC, allowing perfection by possession.
• In re Cooley v. First Nat'l Bank OF Louisville
  624 F.2d 55· 6th Cir.· 1980-07-07 ·cited 2×
  The court held that the security agreement was valid and sufficiently described the collateral, and that the November 7th note did not extinguish prior obligations but provided additional security.
• Hernandez v. O'Neal Motors Inc.
  638 F.2d 153· 10th Cir.· 1980-06-24 ·cited 2×
• Ozella Robinson v. Warrene H. Brunson
  383 So. 2d 964· Fla. 2d DCA· 1980-05-21 ·cited 2×
  Robinson sued the estate of John Thomas Brunson, Sr. for payment of a $4,500 promissory note. The trial court found for the defendant estate, but the appellate court reversed, holding that Robinson's failure to present an undated check given with the note did not discharge the un
• Se. Pipeline Serv., Inc. v. The Citizens & S. Bank OF Thomas Cnty.
  617 F.2d 67· 5th Cir.· 1980-05-12 ·cited 2×
  The court held that a factual dispute existed regarding the bank's 'process of posting' a check, precluding summary judgment on the final payment claim, but affirmed summary judgment on the wrongful dishonor claim as a payee has no such cause of action under Georgia law.
• Steinmetz v. The Bradbury Co., Inc.
  618 F.2d 21· 8th Cir.· 1980-03-14 ·cited 2×
  The court held that a manufacturer's knowledge of foreseeable misuse does not insulate them from liability, and an employer's implied contractual duty to indemnify a manufacturer does not arise from a sales agreement absent specific terms or established trade usage.
• Coseo v. Alpena Sav. Bank
  612 F.2d 276· 6th Cir.· 1980-01-11 ·cited 2×
  The court held that the Dealer Floor Plan Security Agreement, which granted a security interest in 'all inventory financed through these transactions,' was sufficient to cover the six vehicles in question.