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

• Olivera v. Bank OF Am.
  141 So. 3d 770· Fla. 2d DCA· 2014-07-11 ·cited 13×
  Bank of America sought foreclosure on a mortgage originally executed in favor of Ocwen Loan Servicing, LLC. The court reversed summary judgment, finding genuine issues of material fact regarding BOA's standing to foreclose and its failure to refute the defendant's affirmative def
• Allapattah Servs., Inc. v. Exxon Corp.
  61 F. Supp. 2d 1308· S.D. Fla.· 1999-07-06 ·cited 13×
  The court held that genuine issues of material fact exist regarding whether Exxon breached its contractual obligation of good faith by allegedly double-charging dealers for credit card processing fees, thus denying Exxon's motion for summary judgment.
• Citizens & Peoples Nat'l Bank OF Pensacola v. Futch
  650 So. 2d 1008· Fla. 1st DCA· 1994-03-30 ·cited 13×·via Uniform Commercial Code (Ucc) Article 5
  Citizens & Peoples National Bank appealed a trial court order distributing proceeds from a $170,000 letter of credit securing a judgment between Head and Futch. The court affirmed the distribution of $67,906.55 to Futch and reversed the award of $15,056.85 to Head's attorney Kerr
• Advent Sys. Ltd. v. Unisys Corp.
  925 F.2d 670· 3d Cir.· 1991-02-14 ·cited 13×
  Software is a 'good' under the UCC, and a non-exclusive requirements contract can satisfy the statute of frauds even without a specific quantity term. A parent corporation is privileged to disrupt its subsidiary's negotiations to protect its own financial interests.
• Harley-Davidson Motor Co., Inc. v. Bank OF NEW England-Old Colony, N.A.
  897 F.2d 611· 1st Cir.· 1990-03-06 ·cited 13×
  The court held that while the plaintiffs may have had a right to possession of title certificates, the bank's temporary holding and return of those certificates did not constitute conversion because it did not seriously interfere with the plaintiffs' rights. However, the claim re
• Greggar S. Isaksen v. Vt. Castings, Inc.
  825 F.2d 1158· 7th Cir.· 1987-08-04 ·cited 13×
  The court held that while the jury's verdict on liability had some basis in the evidence, the damages awarded were excessive and the district court erred in granting judgment notwithstanding the verdict without ruling on the alternative motion for a new trial. The court also addr
• Roger Rankin Enters., Inc. v. Regis F. Green
  433 So. 2d 1248· Fla. 3d DCA· 1983-06-21 ·cited 13×
  Although a complaint alleging a civil remedy directly under a criminal bad-check statute does not state a proper cause of action, if the ultimate facts alleged would support relief under another theory such as the Uniform Commercial Code, dismissal with prejudice is error and the
• United Va. Bank/Seaboard Nat'l v. B. F. Saul Real Est. Inv. Tr.
  641 F.2d 185· 4th Cir.· 1981-02-20 ·cited 13×·via Uniform Commercial Code Article 9
  A deed of trust can create a valid security interest in personal property under the UCC, even if its primary purpose is a real estate lien, and parties may be estopped from asserting inconsistent positions regarding that security interest.
• Bill Branch Chevrolet, Inc. v. Redmond
  378 So. 2d 319· Fla. 2d DCA· 1980-01-04 ·cited 13×
  Bill Branch Chevrolet appeals from a judgment awarding both compensatory and punitive damages to a buyer who could not obtain title to a vehicle purchased from the dealership. The court affirms the compensatory damages award for breach of the implied warranty of good title but re
• Nat'l Equip. Rental, Ltd. v. Hendrix
  565 F.2d 255· 2d Cir.· 1977-11-11 ·cited 13×·via Uniform Commercial Code Article 9
  The court held that the jury's finding that the equipment lease agreements were usurious loan agreements was supported by sufficient evidence and that the waiver of jury trial clause was invalid.
• Marr Enters., Inc. v. Lewis Refrigeration Co.
  556 F.2d 951· 9th Cir.· 1977-06-30 ·cited 13×
  Contractual limitations on liability and remedies, including for negligence, are enforceable under the Uniform Commercial Code and admiralty law, particularly when the claimant is in a position analogous to the contracting party.
• McGINNIS Piano & Organ Co. v. Yamaha Int'l Corp.
  480 F.2d 474· 8th Cir.· 1973-03-06 ·cited 13×
  The court held that the trial court gave erroneous jury instructions regarding the duration of an implied franchise agreement and the calculation of damages, requiring reversal and remand.
• Olympic Junior, Inc. v. David Crystal, Inc.
  463 F.2d 1141· 3d Cir.· 1972-06-22 ·cited 13×
  Summary judgment was proper for the employment contract claims (Counts 3 & 4) due to the statute of frauds, but improper for the claim regarding inclusion in the sale of the business (Count 2) because genuine issues of material fact existed regarding contract formation.
• Safe Deposit Bank & Tr. Co. v. Berman
  393 F.2d 401· 1st Cir.· 1968-04-22 ·cited 13×
  A security agreement's terms, which were limited to securing a specific note and its renewals/extensions, could not be retroactively expanded to cover future liabilities by recitations in subsequent notes.
• Radiation Tech., Inc. v. The United States
  366 F.2d 1003· Ct. Cl.· 1966-10-14 ·cited 13×
  The court held that 'delivery' in the default clause requires substantial compliance with contract specifications, not just timely physical shipment, and absent such compliance, termination is proper.
• Lindsey v. Wells Fargo Bank
  139 So. 3d 903· Fla. 1st DCA· 2013-02-27 ·cited 12×
  James K. Lindsey appeals a summary judgment in Wells Fargo's favor in a mortgage foreclosure action. The court reversed, holding that Wells Fargo failed to establish standing to foreclose because it did not demonstrate ownership of the promissory note at the time the foreclosure
• In re Checking Account Overdraft Litigation
  694 F. Supp. 2d 1302· S.D. Fla.· 2010-03-11 ·cited 12×
  The court held that federal law does not preempt state law claims challenging the manipulative practices of national banks in assessing overdraft fees, as these claims only incidentally affect the banks' deposit-taking powers and do not conflict with the National Bank Act.
• Premix-Marbletite Mfg. Corp. v. SKW Chems., Inc.
  145 F. Supp. 2d 1348· S.D. Fla.· 2001-04-24 ·cited 12×
  The court held that the terms and conditions on SKW's invoices were not part of the parties' contract for the sale of F245, and that Premix's tort claims for fraud and negligent misrepresentation were barred by the economic loss rule.
• H.B. Fuller Co. v. Kinetic Sys., Inc.
  932 F.2d 681· 7th Cir.· 1991-05-17 ·cited 12×
  A limited warranty's failure of essential purpose requires a breach of contract, and a buyer cannot claim breach of implied warranty of fitness if the seller lacked superior knowledge or the disclaimer was conspicuous.
• City Nat'l Bank OF Fort Smith v. Unique Structures, Inc.
  929 F.2d 1308· 8th Cir.· 1991-04-09 ·cited 12×·via Uniform Commercial Code Article 9
  The court held that the district court did not err in ruling that notices of sale of collateral were reasonable as a matter of law and that the jury's verdict was supported by substantial evidence.
• In re Vitreous Steel Prods. Co.
  911 F.2d 1223· 7th Cir.· 1990-08-07 ·cited 12×
  The court held that while the bankruptcy court properly lifted the automatic stay, the determination of that motion did not preclude the prosecution of the adversary complaint. The court also reversed the dismissal of NIPSCO's claim for equitable subordination.
• In re Merritt Logan, Inc. v. Fleming Cos., Inc.
  901 F.2d 349· 3d Cir.· 1990-04-23 ·cited 12×
  The court held that lost profits are recoverable for a new business if proven with reasonable certainty, and that all sellers participating in product distribution are liable for breach of warranty. The court also affirmed the denial of a mistrial due to late discovery.
• Motor Vehicle Mfrs. Ass'n OF the United States, Inc. v. Abrams
  899 F.2d 1315· 2d Cir.· 1990-03-26 ·cited 12×
  The court held that New York's Lemon Law amendments are not preempted by the Magnuson-Moss Warranty Act or FTC Regulations because Congress did not intend to occupy the field and the amendments do not actually conflict with federal law.
• Braniff Airways, Inc. v. Midwest Corp.
  873 F.2d 805· 5th Cir.· 1989-05-25 ·cited 12×
  The court held that for purposes of the ordinary course of business exception to preferential transfers under 11 U.S.C. § 547(c)(2), payment by check is considered transferred upon delivery, not when honored by the bank.
• Flint Davis v. Sears
  873 F.2d 888· 6th Cir.· 1989-04-24 ·cited 12×
  The court held that Sears did not breach the contract by terminating the agreement, as it exercised an express contractual right, but that the issue of Sears' good faith in failing to approve a new merchant was properly submitted to the jury. The court reversed the defamation cla
• Lund's, Inc. v. Chem. Bank
  870 F.2d 840· 2d Cir.· 1989-03-16 ·cited 12×
  The court held that summary judgment was inappropriate because genuine issues of material fact exist regarding whether Rubin's endorsement of the check was authorized for partnership business, and whether his actions made it impossible to carry on the partnership's ordinary busin
• Fed. Deposit Ins. Corp. v. Rocket OIL Co.
  865 F.2d 1158· 10th Cir.· 1989-01-13 ·cited 12×
  The court held that the district court did not abuse its discretion in denying prejudgment interest and correctly set the commencement date for postjudgment interest from the judgment on remand.
• Arkwright-Boston Mfrs. Mut. Ins. Co. v. Westinghouse Elec. Corp.
  844 F.2d 1174· 5th Cir.· 1988-05-17 ·cited 12×
  Texas law does not permit recovery in tort for economic loss to the product itself, and contractual disclaimers of warranty and limitations of remedy were valid.
• United States v. Walter Dunlap & Sons, Inc.
  800 F.2d 1232· 3d Cir.· 1986-09-12 ·cited 12×
  The court held that valid agency regulations, promulgated under statutory authority, have the force and effect of law and preempt conflicting state law, making the Kimbell Foods analysis inapplicable when such regulations exist.
• Auto Servicio SAN Ignacio v. Compania Anonima Venezolana De Navegacion (Venezuelan Line)
  765 F.2d 1306· 5th Cir.· 1985-07-22 ·cited 12×·via Uniform Commercial Code (Ucc) Article 5
  A confirming bank owes no duty of care under tort law to the customer of the issuing bank, and claims for non-conforming documents are barred by unreasonable delay in notification.
• In re Sitkin Smelting AND Refining v. Harrison
  639 F.2d 1213· 5th Cir.· 1981-03-16 ·cited 12×·via Uniform Commercial Code Article 2
  The transaction was a contract for sale, not a bailment, making C.I.T.'s perfected security interest superior to Kodak's unperfected interest.
• Earman OIL Co., Inc. v. Burroughs Corp.
  625 F.2d 1291· 5th Cir.· 1980-09-19 ·cited 12×
  The court held that the Equipment Sale Contract's exculpatory provisions were applicable and not unconscionable, thus barring the buyer's breach of warranty claims.
• In re Tillery v. Stikes
  571 F.2d 1361· 5th Cir.· 1978-04-28 ·cited 12×·via Uniform Commercial Code Article 9
  The court held that the agreement was a lease intended for security, not a pure lease, because the lessee acquired equity in the vehicle and bore risks of loss and gain.
• Ingrid Cardozo and Joseph Cardozo v. True
  342 So. 2d 1053· Fla. 2d DCA· 1977-02-23 ·cited 12×
  This case considers whether a retail book dealer is liable for injuries caused by a recipe in a cookbook, under the Uniform Commercial Code's implied warranty of merchantability or common law implied warranties. The court held that such liability would not extend to the content o
• In re Miller v. Nuss
  545 F.2d 916· 5th Cir.· 1977-01-20 ·cited 12×
  The court held that the agreement created a perfected security interest in the art objects themselves, not just the proceeds, which had priority over the bankruptcy trustee's hypothetical lien.
• Transp. Equip. Co. v. Guar. State Bank
  518 F.2d 377· 10th Cir.· 1975-06-26 ·cited 12×·via Uniform Commercial Code Article 9
  The court held that the Bank's security interest was not perfected by possession prior to TECO's filing, and that the trial court erred in calculating damages based on the retail value of fully assembled goods.
• Holly Hill Acres, Ltd. v. Charter Bank OF Gainesville
  314 So. 2d 209· Fla. 2d DCA· 1975-05-30 ·cited 12×
  A note that incorporates the terms of a mortgage by reference is non-negotiable, preventing the assignee from being a holder in due course and allowing the maker to raise defenses against the assignee.
• In re Wilco Forest Mach., Inc. v. Eaton Corp.
  491 F.2d 1041· 5th Cir.· 1974-03-27 ·cited 12×·via Uniform Commercial Code Article 9
  The court held that Eaton's security interest was validly perfected and the transfer of assets was not a voidable preference or fraudulent transfer, but affirmed the requirement for an accounting to assess potential inequitable conduct.
• York-Shipley, Inc. v. Atl. Mut. Ins. Co.
  474 F.2d 8· 5th Cir.· 1973-02-23 ·cited 12×·via Uniform Commercial Code Article 2
  A party shipping goods C.I.F. port of destination lacks an insurable interest in the goods once they are delivered to the carrier, and therefore lacks standing to sue on an insurance policy.
• Knapp v. McFARLAND
  462 F.2d 935· 2d Cir.· 1972-05-01 ·cited 12×
  The court held that the method of execution was valid and that the sheriff is entitled to poundage, to be paid by the judgment debtor who posted a supersedeas bond.
• Fed. Deposit Ins. Corp. v. Marine Nat'l Bank OF Jacksonville
  431 F.2d 341· 5th Cir.· 1970-08-13 ·cited 12×
  A bank that wrongfully appropriates a draft by paying it without the necessary indorsement of all payees is liable for conversion.
• Schultz v. Tecumseh Prods.
  310 F.2d 426· 6th Cir.· 1962-11-27 ·cited 12×
  The court held that submitting a claim for breach of implied warranty to the jury was error because Kentucky law, which applied, required privity of contract, and no such privity existed between the plaintiff and the defendant manufacturer.
• Swan Landing Dev., LLC v. Fla. Cap. Bank, N.A.
  19 So. 3d 1068· Fla. 2d DCA· 2009-10-02 ·cited 11×·via Uniform Commercial Code Article 9
  Swan Landing and Yazdani appealed a trial court's denial of their motion to compel arbitration of claims brought by Florida Capital Bank involving a mortgage foreclosure, breach of promissory note, and breach of commercial guaranty. The court held that while the foreclosure claim
• In re Bracewell v. Kelley
  454 F.3d 1234· 11th Cir.· 2006-06-30 ·cited 11×
  The dissenting judge would reverse the district court's decision, holding that Bracewell's crop disaster payment is part of the debtor estate. The dissent argues that the payment constitutes "property of the estate" under 11 U.S.C. § 541(a)(1) because the underlying crop loss occ
• Tropical Jewelers, Inc. v. Nationsbank
  781 So. 2d 392· Fla. 3d DCA· 2000-12-27 ·cited 11×·via Uniform Commercial Code Article 9
  The Florida Third District Court of Appeal held that a guarantor is a 'debtor' under Article 9 of the Uniform Commercial Code and therefore cannot waive the statutory requirement that a secured creditor dispose of collateral in a commercially reasonable manner. The court reversed
• Offs. Togolais Des Phosphates v. Mulberry Phosphates, Inc.
  62 F. Supp. 2d 1316· M.D. Fla.· 1999-07-07 ·cited 11×
  The court held that the transaction was an oral agreement for the sale of goods with an open price term, not a joint venture, and determined a reasonable price for the goods based on market value.
• Volkswagen OF Am., Inc. v. Smith
  690 So. 2d 1328· Fla. 1st DCA· 1997-03-10 ·cited 11×
  Volkswagen of America appeals the trial court's award of prejudgment interest and attorney's fees in a lemon law case involving a defective 1987 Volkswagen. The court reverses the prejudgment interest calculation, holding that interest should be suspended during the period when V
• Trans-Aire Int'l, Inc. v. N. Adhesive Co., Inc.
  882 F.2d 1254· 7th Cir.· 1989-08-21 ·cited 11×
  The court held that Trans-Aire waived implied warranties by examining the adhesive sample as fully as it desired, and that the indemnification clause in the purchase order was a material alteration that did not become part of the contract.
• Hilord Chem. Corp. v. Ricoh Elecs., Inc.
  875 F.2d 32· 2d Cir.· 1989-05-15 ·cited 11×
  The court held that the district court properly denied summary judgment based on the merchant's exception to the Statute of Frauds, but erred in failing to instruct the jury on the requirement for a buyer to seek a covering contract before recovering consequential damages.
• Citizens Nat'l Bank OF Orlando v. Barbara Bornstein for Nat'l Indem. Co. of Omaha
  374 So. 2d 6· Fla.· 1979-07-18 ·cited 11×·via Uniform Commercial Code Article 9
  The Florida Supreme Court answered certified questions from the Fifth Circuit regarding whether a non-negotiable certificate of deposit assigned as security for a bond is subject to Article 9 of the UCC and whether the bank obligor retains set-off rights against the assignee. The