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

• United States v. Sylvester
  605 F.2d 474· 9th Cir.· 1979-10-01 ·cited 2×
  The court held that the Lacey Act's broad language covers situations where the sale is an integral part of interstate wildlife transfer, regardless of when the sale is completed.
• The Plastic Moldings Corp. v. Park Sherman Co.
  606 F.2d 117· 6th Cir.· 1979-09-28 ·cited 2×·via Uniform Commercial Code Article 2
  The court held that a buyer can recover consequential damages for increased production costs and sorting expenses due to defective parts, and can recover restitution for defective molds, but not for a second mold cancelled under a specific clause.
• PAN Am. Bank OF Tampa v. Eve R. Sullivan
  375 So. 2d 338· Fla. 4th DCA· 1979-09-12 ·cited 2×
  Pan American Bank sued an accommodation endorser on a promissory note for an unpaid loan. The trial court granted summary judgment for the defendant based on defenses of federal banking law illegality and lack of consideration. The appellate court reversed, holding that a defenda
• In re Sw. Rest. Sys., Inc. v. Stockton & Hing
  607 F.2d 1243· 9th Cir.· 1979-09-05 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that an attorney's retaining lien on stock is subject to prior valid offsets against the client, and that garnishment served on the issuer can perfect a lien on stock even if the certificate is voided.
• Cnty. OF Milwaukee v. Northrop Data Sys., Inc.
  602 F.2d 767· 7th Cir.· 1979-07-23 ·cited 2×
  A one-year contractual limitation period for bringing an action is enforceable if the parties are merchants, and a county operating a hospital and procuring complex equipment can be considered a merchant under the UCC.
• A. B. G. Instrument & Eng'g, Inc. v. The United States
  593 F.2d 394· Ct. Cl.· 1979-02-21 ·cited 2×
  The court held that the ASBCA erred in granting an equitable adjustment for the Government's imposition of a 100 percent inspection requirement, but was correct in upholding the default termination based on the contractor's failure to make satisfactory progress.
• The Bank OF Miami v. Fla. City Express, Inc.
  367 So. 2d 683· Fla. 3d DCA· 1979-02-06 ·cited 2×
  A holder in due course of a negotiable instrument takes it free from all defenses of which they have no notice, including payment made to the original payee if the instrument was not surrendered or payment noted.
• Medel v. Republic Nat'l Bank OF Miami
  365 So. 2d 782· Fla. 3d DCA· 1978-12-19 ·cited 2×
  Rogelio Medel sued his judgment creditor's attorney Michael Striar for intentional infliction of emotional distress and conversion after Striar obtained Medel's jewelry through deception during a deposition, claiming self-help collection rights under Florida law. The court revers
• Thomas v. Sutherland
  370 So. 2d 12· Fla. 1st DCA· 1978-12-13 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that the secured party's failure to provide reasonable notice of the collateral's sale, as required by the security agreement and statute, barred their action for a deficiency judgment on the promissory note.
• Cap. Invs. Co. v. Executors OF the Estate OF Arthur R. Morrison
  584 F.2d 652· 4th Cir.· 1978-09-29 ·cited 2×
  The court held that a release signed by Morrison was invalid due to lack of consideration or unconscionability, and that the Morrisons were entitled to a constructive or resulting trust in the Florida land.
• First Nat'l Commerce & Fin. Co. v. The Ind. Nat'l Bank
  360 So. 2d 791· Fla. 3d DCA· 1978-07-05 ·cited 2×
  First National Commerce and Finance Company purchased an aircraft at a mechanic's lien sale without notifying Indiana National Bank, which held a federally recorded security interest in the aircraft. The court held that while the mechanic's lien sale is valid and the purchaser ta
• The Mann & Parker Lumber Co. v. Wel-Dri & Moore Dry Kiln Co. of Or.
  579 F.2d 973· 6th Cir.· 1978-06-20 ·cited 2×
  The court held that the contract was valid and enforceable, but the trial court erred in its calculation of damages by misapplying a liquidated damages clause to a total breach and by denying consequential damages.
• Applestein v. Nat'l Bank OF Tulsa
  358 So. 2d 106· Fla. 3d DCA· 1978-05-02 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that the commercial reasonableness of the sale of collateral, which resulted in a deficiency judgment, presented a genuine issue of material fact precluding summary judgment.
• The Barnett Bank OF Tallahassee v. Cap. City First Nat'l Bank
  348 So. 2d 643· Fla. 1st DCA· 1977-08-01 ·cited 2×
  Barnett Bank appeals from summary judgment in favor of Capital City First National Bank and dismissal of conspiracy allegations after Capital City dishonored a check from Commonwealth Corporation. The court affirmed, holding that the check was never finally paid under UCC standar
• Consol. Film Indus. v. United States
  547 F.2d 533· 10th Cir.· 1977-01-06 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that the assignment of contract rights constituted a security interest requiring perfection under the UCC, and the assignee failed to meet the burden of proving the assignment was an insignificant part of the assignor's total contract rights to qualify for an exemp
• In re ORE Cargo, Inc. v. Jacob Gottesman in Bankr. of Ore Cargo, Inc.
  544 F.2d 80· 2d Cir.· 1976-10-14 ·cited 2×·via Uniform Commercial Code Article 9
  A standard commercial security agreement drafted under Article 9 of the UCC does not convey a security interest in a tort claim, especially when the lender lacked knowledge of the claim.
• In re Callahan Motors, Inc.
  538 F.2d 76· 3d Cir.· 1976-07-08 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that even if a continuation statement was filed prematurely, the filing officer's conduct in accepting the filing and later destroying the documents without notice, coupled with the equitable nature of bankruptcy proceedings, required granting the appellant's motio
• In re Kittyhawk Television Corp. v. RCA Corp.
  516 F.2d 24· 6th Cir.· 1975-05-08 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that RCA's security interest remained perfected against the trustee in bankruptcy because the transfer of assets from Broadcasting to Television was a mere name change, not a sale or disposition of collateral requiring a new filing.
• Cmty. Bank v. Fed. Reserve Bank OF SAN Francisco
  500 F.2d 282· 9th Cir.· 1974-07-22 ·cited 2×
  The court held that amendments to Federal Reserve Regulation J, governing check collection, were consistent with California state law and within the Board of Governors' statutory authority, and thus affirmed the lower court's decision.
• Huber v. Union Planters Nat'l Bank OF Memphis
  491 F.2d 846· 6th Cir.· 1974-02-07 ·cited 2×·via Uniform Commercial Code § 9-503
  The court held that the plaintiff was deprived of her automobile without due process of law, in violation of the Constitution.
• Heumann v. United Nat'l Bank OF Dadeland
  287 So. 2d 99· Fla. 3d DCA· 1973-12-21 ·cited 2×
  The court held that a provisional credit given for a deposited check is revocable by the bank upon dishonor of the check, even after the customer attempts to withdraw the funds.
• Warner-Lambert Pharm. Co. v. Sylk
  471 F.2d 1137· 3d Cir.· 1972-11-17 ·cited 2×
  A guarantor's endorsement guaranteeing payment of a note makes them liable for the note's tenor, including acceleration and attorney fees, and economic duress requires a wrongful act, not merely a threat of good-faith litigation.
• Gurney Indus., Inc. v. ST. Paul Fire & Marine Ins. Co.
  467 F.2d 588· 4th Cir.· 1972-09-14 ·cited 2×
  The court held that the production requirements in the contract were warranties, not mere conditions precedent to payment, entitling Gurney to damages beyond the retainage. Gurney's refusal to allow unapproved equipment replacement was reasonable mitigation.
• Brauer v. Republic Steel Corp.
  460 F.2d 801· 10th Cir.· 1972-06-05 ·cited 2×
  The court held that the plaintiffs' claims for breach of warranty and negligence were not barred by the statute of limitations, and that the trial court did not err in its rulings regarding evidence, damages, or jury instructions.
• United States v. Samel Ref. Corp.
  461 F.2d 941· 3d Cir.· 1972-06-02 ·cited 2×·via Uniform Commercial Code Article 9
• Sullivan v. Wilton Manors Nat'l Bank
  259 So. 2d 194· Fla. 4th DCA· 1972-03-09 ·cited 2×
  This case addresses the liability of a bank that cashed a check payable to two payees when one payee's endorsement was forged. The Florida court held that summary judgment was premature because material factual and legal issues remained, including whether the bank could rely on a
• In re Spanish Language Television OF Ariz., Inc. v. Julius Altschul-Appellee (two cases)
  456 F.2d 159· 9th Cir.· 1972-02-24 ·cited 2×
  The court held that telecasting equipment sold under a conditional sales contract governed by Arizona's Uniform Conditional Sales Act was not subject to the bankruptcy court's jurisdiction, as title remained with the seller.
• Riblet Tramway Co. v. Monte Verde Corp.
  453 F.2d 313· 10th Cir.· 1972-01-07 ·cited 2×
  A foreign corporation's failure to obtain a certificate to transact business in New Mexico does not bar a suit if its activities constitute primarily interstate commerce and not substantial intrastate business, and the court may retain jurisdiction to supervise the disposition of
• Burton R. Signer for Jerry Salomine v. The First Nat'l Bank & Tr. Co. OF Covington
  455 F.2d 382· 6th Cir.· 1971-12-17 ·cited 2×
  The court clarified that its prior opinion allowed the District Court to correct any justified errors in the judgment computation.
• Hamilton Cnty. Bank v. Tuten
  250 So. 2d 17· Fla. 1st DCA· 1971-07-06 ·cited 2×
  Hamilton County Bank appealed a summary judgment in a replevin action where the trial court ruled that a good-faith buyer of a mobile home takes free of the bank's floor-plan financing lien. The appellate court affirmed, holding that under Florida law, a buyer in the ordinary cou
• Nashua Mfg. Co. v. Hooper Trailer Sales, Inc.
  445 F.2d 1321· 9th Cir.· 1971-06-24 ·cited 2×
  The failure to use the filing provisions of the Idaho Assignment of Accounts Receivable Act renders the assignment void against creditors, including a trustee in bankruptcy, even with notice to the account debtor.
• Vlaho Bruer v. The Sanford Atl. Nat'l Bank
  247 So. 2d 764· Fla. 4th DCA· 1971-05-14 ·cited 2×
  An indorser subrogated to a secured party's rights under UCC section 9-504(5) is not equitably estopped from asserting those rights absent proof that the prior secured party's delay in filing its financing statement was induced by reliance on conduct or omission of the indorser o
• London Distrib. Co. v. Bastone
  244 So. 2d 550· Fla. 3d DCA· 1971-02-23 ·cited 2×
  The court held that the plaintiff's second amended complaint sufficiently stated causes of action for both accommodation maker liability and breach of an indemnification agreement, making judgment on the pleadings improper.
• Bevard v. Howat Concrete Co., Inc.
  433 F.2d 1202· D.C. Cir.· 1970-07-09 ·cited 2×
  The court held that the seller breached its warranty by providing defective concrete, and the buyer's use of the concrete despite preliminary test indications did not absolve the seller of liability.
• Cordle v. Renault, Inc.
  361 F.2d 332· 6th Cir.· 1966-05-31 ·cited 2×
  The court held that there was sufficient evidence to submit issues of breach of warranty, waiver, proximate cause, and assumption of risk to the jury, and that the jury's verdicts were supported by competent evidence.
• Philip A. Brown in Bankruptcy of the Estate of Theodore Frederick Schulz v. Universal C.I.T. Credit Corp.
  331 F.2d 246· 7th Cir.· 1964-04-15 ·cited 2×·via Uniform Commercial Code Article 9
  The court held that Michigan law applies to determine the validity of a lien on a chattel, and failure to record the contract in Michigan renders the lien invalid against creditors when the chattel is taken to Michigan with the vendor's knowledge and consent.
• In re Waterbury Packing Co., Inc.
  309 F.2d 743· 2d Cir.· 1962-11-02 ·cited 2×
  A chattel mortgage is invalid if the incorporated note leaves the date blank, as this fails to specify the terms of repayment required by statute.
• Edwards v. Naugle
  142 So. 2d 365· Fla. 3d DCA· 1962-06-19 ·cited 2×
  Payee of three checks sought to recover from both the corporation listed as maker and the individual who signed on behalf of the corporation. The trial court dismissed for failure to elect a single defendant, but the appellate court reversed, holding that a complaint may allege m
• Swift Canadian Co. v. Banet
  224 F.2d 36· 3d Cir.· 1955-06-23 ·cited 2×
  The seller fulfilled its contract obligation by delivering the goods F.O.B. Toronto, and the buyer's subsequent inability to import them did not excuse performance.
• Keeler v. Wells Fargo Bank, N.A.
  2017 WL 6026247· Del. Super. Ct.· 2019-03-25 ·cited 1×
  The appellate court reversed the trial court's grant of judgment on the pleadings, finding that the trial court erred by not considering the plaintiff's breach of contract claim and by not adequately addressing the doctrine of equitable tolling under the Uniform Commercial Code (
• Beach Cmty. Bank v. Disposal Servs., LLC
  199 So. 3d 1132· Fla. 1st DCA· 2016-09-21 ·cited 1×·via Ucc-1 Filing
  Beach Community Bank appealed a summary judgment dismissing its conversion claim against Disposal Services, LLC over secured containers. The trial court ruled conversion was unavailable because replevin (repossession) remained a viable remedy. The appellate court reversed, holdin
• HSBC Bank USA, N.A. v. Perez
  165 So. 3d 696· Fla. 4th DCA· 2015-05-06 ·cited 1×·via Uniform Commercial Code Article 9
  Two banks held nearly identical promissory notes for the same mortgage loan due to a fraudulent scheme. HSBC Bank and LaSalle Bank both sought to foreclose. The court held that the Uniform Commercial Code (Article 9), not Florida's mortgage recording statute, governs priority bet
• Simon v. State
  101 So. 3d 909· Fla. 4th DCA· 2012-11-21 ·cited 1×
  The Florida District Court of Appeal affirmed the denial of Paul Simon's untimely and successive motion for postconviction relief, finding his filings frivolous and nonsensical. The court referred Simon to prison officials for disciplinary procedures and warned that further frivo
• Rayfield Inv. Co. v. Kreps
  35 So. 3d 63· Fla. 4th DCA· 2010-05-05 ·cited 1×
  Rayfield Investment Company, a lender with a perfected security interest in a gallery's inventory, sued to foreclose after the gallery defaulted. A consignor intervened claiming a painting he placed on consignment, but the Florida appellate court reversed the trial court's judgme
• Horowitch v. Diamond Aircraft Indus., Inc.
  526 F. Supp. 2d 1236· M.D. Fla.· 2007-09-17 ·cited 1×
  The court held that a genuine issue of material fact exists regarding the contract's terms, precluding summary judgment on breach of contract and good faith claims, but granted summary judgment against specific performance for a private jet.
• Griffis v. Leisure Tyme RV, Inc.
  884 So. 2d 241· Fla. 1st DCA· 2004-08-10 ·cited 1×
  The Griffises purchased a defective motor home from Leisure Tyme RV and sued the dealer, manufacturer Newmar, and others for breach of warranty and fraud. The trial court dismissed and granted summary judgment for the defendants. The appellate court reversed in part and affirmed
• Elan Corp., PLC v. Andrx Pharms., Inc.
  272 F. Supp. 2d 1325· S.D. Fla.· 2003-03-24 ·cited 1×
  The court held that Elan's patent is invalid due to the on-sale bar because Elan commercially offered to sell an embodiment of its patent more than one year prior to the patent's filing date.
• Scadif, S.A. v. First Union Nat'l Bank
  208 F. Supp. 2d 1352· S.D. Fla.· 2002-07-05 ·cited 1×
  The court held that the check was sent for collection, not payment, and therefore the midnight deadline rule did not apply. The court also found that First Union's handling of the check did not cause SCADIF any loss.
• GTE Directories Corp. v. Ad-Vantage Telephone Directory
  892 F. Supp. 254· M.D. Fla.· 1995-04-27 ·cited 1×
  Attorneys' charging lien for reasonable compensation and expenses has priority over federal tax liens and other claims, and Michigan Bell's unperfected security interest is subordinate to federal tax liens.
• First R.R. Cmty. Fed. Credit Union v. Columbia Cnty. Bank
  849 F. Supp. 780· M.D. Fla.· 1994-04-15 ·cited 1×
  A bank's duty to pay its cashier's checks upon presentment should not depend on whether the presenter is a holder in due course, but only on whether the presenter is a legitimate holder.