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

• Ipec Inc. v. Int'l Lithographing Corp.
  869 F.2d 1080· 7th Cir.· 1989-03-10 ·cited 9×
  The court held that the second contract, entered into under economic duress, was not a valid modification or waiver of the first contract, nor did it constitute an accord and satisfaction, because the defendant did not act in good faith.
• United States v. Bell Credit Union
  860 F.2d 365· 10th Cir.· 1988-10-21 ·cited 9×·via Uniform Commercial Code Article 9
  Credit unions must surrender member share accounts to IRS levies, and their claims of statutory or contractual liens do not establish priority over federal tax liens. Failure to comply without reasonable cause incurs penalties.
• Banco Nacional de Desarrollo v. Mellon Bank, N.A.
  726 F.2d 87· 3d Cir.· 1984-01-18 ·cited 9×·via Uniform Commercial Code (Ucc) Article 5
  A letter of credit amendment requiring notice of arrival from the customer is permissible and does not constitute an impermissible modification of an irrevocable letter of credit if no prior credit covered the shipment.
• Taylor v. Am. Honda Motor Co., Inc.
  555 F. Supp. 59· M.D. Fla.· 1983-01-17 ·cited 9×
  The court held that negligence and strict liability claims were sufficiently pleaded, but the breach of implied warranty claim was deficient for failing to allege the plaintiff's status within the warranty's scope, and the fraudulent concealment claim failed to allege actionable
• The Union Bank OF Benton v. The First Nat'l Bank IN MT. Pleasant
  621 F.2d 790· 5th Cir.· 1980-07-18 ·cited 9×
  A payor bank is strictly liable for the face amount of documentary drafts it fails to return within the time allowed by UCC § 4.302(2), even if the customer's account lacks sufficient funds.
• Midland-Guardian Co. v. Hagin
  370 So. 2d 25· Fla. 2d DCA· 1979-03-07 ·cited 9×·via Uniform Commercial Code Article 9
  Midland-Guardian, an assignee of a promissory note and retail installment contract secured by a mobile home, sought to replevy the home from Hagin, who held legal title subject to Midland-Guardian's lien. The court held that under the Uniform Commercial Code, an assignee 'with re
• Smith v. Atl. Boat Builder Co.
  356 So. 2d 359· Fla. 1st DCA· 1978-03-13 ·cited 9×
  Employees of Atlantic Boat Builder Company appealed the denial of class action status and an order giving Atlantic Bank's security agreements priority over the employees' mechanic liens under Florida Statute 713.60. The court reversed, holding that employees performing labor on v
• In re Ludlum Enters., Inc. v. Searles
  510 F.2d 996· 5th Cir.· 1975-04-07 ·cited 9×
  Florida Statutes § 726.09, concerning fraudulent loans, does not apply to bona fide leases of personal property and does not cut off the ownership interest of a lessor who fails to record the lease.
• Mason v. Edward S. Avdoyan in Bankr. of Fla. Pipe & Mfg. Co., Inc.
  299 So. 2d 603· Fla. 4th DCA· 1974-08-23 ·cited 9×·via Florida Uniform Commercial Code
  A trustee in bankruptcy challenged a security agreement executed by a bankrupt corporation to one of its officers for failing to specify a maximum unpaid balance for future advances and for failing to create a lien on non-equipment collateral. The court held that the Uniform Comm
• Altec Lansing v. Friedman Sound, Inc.
  204 So. 2d 740· Fla. 3d DCA· 1967-12-05 ·cited 9×
  Altec Lansing appeals a trial court order dissolving a writ of execution and returning a third-party claimant's bond. The court holds that while a security agreement under the Uniform Commercial Code creates a prior lien on chattels, it does not exempt those chattels from forced
• STANDARD JURY INSTRUCTIONS-CIVIL CASES (NO. 02-2)
  872 So. 2d 893· Fla.· 2004-04-01 ·cited 8×
  The Florida Supreme Court approved amendments to the Standard Jury Instructions for Civil Cases (No. 02-2) relating to product liability instructions. The amendments clarify and restructure instructions on manufacturing defects and design defects, add cautionary notes about poten
• Maytronics, Ltd. v. Aqua VAC Sys., Inc.
  277 F.3d 1317· 11th Cir.· 2002-01-04 ·cited 8×
  Maytronics, an Israeli pool cleaner manufacturer, sued Aqua Vac for breach of contract after Aqua Vac terminated their distributorship agreement without adequate notice. The Eleventh Circuit affirmed judgment for Maytronics, holding that under Florida's UCC, a party terminated fr
• Hawke Distrib., Inc. v. Nuevo SOL P'rs, Inc.
  689 So. 2d 1202· Fla. 3d DCA· 1997-03-12 ·cited 8×
  Appellant's resale of video disc players constituted acceptance under Florida's UCC, obligating payment at the contract rate despite alleged nonconformity.
• Koplowitz v. Girard
  658 So. 2d 1183· Fla. 4th DCA· 1995-08-09 ·cited 8×
  The court held that the trial court erred in its calculation of damages for breach of contract and warranty by awarding the buyer both the return of sums paid and the cost of repair, which placed the buyer in a better position than full performance.
• In re David F. LaROCHE. David F. LaROCHE v. Amoskeag Bank
  969 F.2d 1299· 1st Cir.· 1992-07-17 ·cited 8×·via Uniform Commercial Code Article 9
  The court held that the involuntary bankruptcy petition was validly filed, as the petitioning creditors acted in good faith and met statutory requirements. The court affirmed the order for relief.
• Interfase Mktg., Inc. v. Pioneer Techs. Grp., Inc.
  774 F. Supp. 1355· M.D. Fla.· 1991-09-27 ·cited 8×
  The court held that it had personal jurisdiction over KSH under Florida's long-arm statute and due process, but dismissed claims for breach of implied warranty due to lack of a contractual relationship, while allowing the misrepresentation claim as an exception to the economic lo
• First Nationwide Bank v. Fla. Software Servs., Inc.
  770 F. Supp. 1537· M.D. Fla.· 1991-07-19 ·cited 8×
  The court held that the acquisitions of the insolvent financial institutions by FNB did not violate the anti-assignment clauses of the software license agreements, and Kirchman and FSS were not entitled to new license fees.
• In re Burkart Farm & Livestock v. Serelson
  938 F.2d 1114· 10th Cir.· 1991-07-11 ·cited 8×·via Uniform Commercial Code Article 9
  The court held that a land description in a security agreement for growing crops is insufficient if it uses vague language like 'in and around' specific sections, failing to reasonably identify the land concerned.
• Savers Fed. Sav. & Loan Ass'n v. Amberley Huntsville, Ltd.
  934 F.2d 1199· 11th Cir.· 1991-06-28 ·cited 8×
  The court held that the D'Oench Duhme doctrine barred defenses based on unrecorded agreements, and the notes did not create a partnership or breach a duty of good faith. However, the nonrecourse nature of the notes limited liability to pledged assets.
• Nathaniel Shipping, Inc. v. Gen. Elec. Co.
  920 F.2d 1256· 5th Cir.· 1991-01-15 ·cited 8×
  The court held that the economic loss rule, as applied in East River, precludes a shipowner's tort claim against a subcontractor for economic losses arising from damage solely to the product itself, even without privity, but that a limitation of liability clause did not bar the s
• Miller v. Balcanoff
  566 So. 2d 1340· Fla. 1st DCA· 1990-09-05 ·cited 8×·via Uniform Commercial Code Article 3
  G. David Miller defaulted on a $135,000 promissory note payable to Gregory Balcanoff. The trial court interpreted a grace period clause as an acceleration provision and awarded the entire principal balance plus interest. The First District Court of Appeal reversed, holding that t
• Warnaco, Inc. v. Farkas
  872 F.2d 539· 2d Cir.· 1989-04-14 ·cited 8×·via Uniform Commercial Code Article 9
  The court held that the guarantee was unambiguous and the trademarks were collateral, but remanded for determination of trademark value and findings on fraudulent misrepresentation.
• Instituto Nacional de Comercializacion Agricola (Indeca) v. Cont'l Ill. Nat'l Bank & Tr. Co.
  858 F.2d 1264· 7th Cir.· 1988-10-04 ·cited 8×·via Uniform Commercial Code (Ucc) Article 5
  Illinois law does not recognize a cause of action for negligent misrepresentation against a confirming bank in a letter of credit transaction, and a party who fails to properly respond to a motion for summary judgment cannot later challenge the findings.
• Farmers & Merchs. State Bank v. W. Bank
  841 F.2d 1433· 9th Cir.· 1987-08-19 ·cited 8×
  A bank's final payment of an item under UCC § 4-213(1) does not preclude it from asserting defenses under UCC § 3-418, and UCC § 4-303(1) does not prevent a bank from asserting its own defenses against its cashier's check.
• Aircraft Trading & Servs., Inc. v. Braniff, Inc.
  819 F.2d 1227· 2d Cir.· 1987-05-22 ·cited 8×·via Uniform Commercial Code Article 9
  A security interest in an aircraft engine, though unperfected at the time of intermediate sales, is not extinguished if the buyer is not in the ordinary course of business, and priority between competing perfected interests is determined by the first to file or perfect.
• Gen. Elec. Credit Corp. of Tenn. v. Ger-Beck Mach. Co., Inc.
  806 F.2d 1207· 3d Cir.· 1986-12-08 ·cited 8×·via Uniform Commercial Code Article 2
  The court held that the sales aspects of a mixed sale and security transaction are governed by Article Two of the Uniform Commercial Code, allowing for revocation of acceptance even when the seller is a finance company.
• Maxl Sales Co. v. Critiques, Inc.
  796 F.2d 1293· 10th Cir.· 1986-07-16 ·cited 8×·via Uniform Commercial Code Article 9
  The court held that a perfected security interest in inventory is not lost under Kan.Stat.Ann. § 84-9-306(4) when the inventory is sold after the institution of state insolvency proceedings, even if the proceeds are later commingled with other funds in federal bankruptcy proceedi
• In re Schmaling
  783 F.2d 680· 7th Cir.· 1986-02-07 ·cited 8×
  Corn received under the federal government's Payment-in-Kind (PIK) program does not constitute 'proceeds' under the Uniform Commercial Code because no crop was grown or disposed of.
• McANINCH v. Hansen
  779 F.2d 466· 8th Cir.· 1985-12-13 ·cited 8×
  The court held that the attorneys had probable cause to file the conversion actions, and that the other defendants were entitled to summary judgment based on good faith reliance on counsel's advice.
• Interfirst Bank OF Abilene, N.A. v. Lull Mfg.
  778 F.2d 228· 5th Cir.· 1985-12-12 ·cited 8×·via Ucc-1 Filing
  A bank's perfected security interest in a buyer's after-acquired property attaches to goods upon delivery, even if the buyer defaults on payment, and is superior to an unperfected seller's interest.
• United States v. Waechter
  771 F.2d 974· 6th Cir.· 1985-09-04 ·cited 8×
  The court held that the defendant's method of submitting multiple bids through agents and d/b/a names did not constitute making a false statement under 18 U.S.C. § 1010, as it did not involve an express or implied assertion of fact subject to proof or disproof.
• Henry Heide, Inc. v. WRH Prods. Co., Inc.
  766 F.2d 105· 3d Cir.· 1985-06-27 ·cited 8×
  The court held that New Jersey law bars commercial buyers from suing in tort for economic loss, limiting them to UCC warranty claims, and that factual disputes preclude summary judgment on certain warranty claims.
• Cosden OIL & Chem. Co. v. Aktiengesellschaft
  736 F.2d 1064· 5th Cir.· 1984-07-23 ·cited 8×·via Uniform Commercial Code Article 2
  The court held that for an anticipatory repudiation where the buyer does not cover, damages are measured at a commercially reasonable time after the seller's repudiation, not when the buyer learns of it or at the time of performance.
• Vance J. Siltzer and Joann A. Siltzer v. N. First Bank
  445 So. 2d 649· Fla. 2d DCA· 1984-02-15 ·cited 8×·via Uniform Commercial Code Article 9
  The Siltzers borrowed from North First Bank using a promissory note secured by personal property (business inventory) and a second mortgage on their residence. After the Siltzers' business closed and they filed bankruptcy, the bank sold the inventory without proper UCC notice and
• In re the use by the trial courts of the Standard Jury Instructions (Civil Cases)
  435 So. 2d 782· Fla.· 1983-05-19 ·cited 8×
  The Florida Supreme Court authorized publication of revised standard jury instructions for product liability cases in civil trials, adopting recommendations from the committee on standard jury instructions. The Court emphasized it was not deciding any substantive questions of law
• Kerr-McGEE Corp. v. N. Utils., Inc.
  673 F.2d 323· 10th Cir.· 1982-03-23 ·cited 8×
  A contract clause allowing indefinite price escalation for intrastate natural gas is not unconscionable or against public policy under Wyoming law, especially when permitted by federal legislation.
• Purvis v. Consol. Energy Prods. Co.
  674 F.2d 217· 4th Cir.· 1982-03-08 ·cited 8×
  The dissenting judge would affirm the district court's judgment holding the defendant liable to the plaintiff under South Carolina's strict products liability statute.
• Am. Metals Serv. Exp. Co. v. Ahrens Aircraft, Inc.
  666 F.2d 718· 1st Cir.· 1981-12-14 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the motion to vacate the default judgment due to the defendant's significant delay and insufficient showing of a meritorious defense.
• In re Emergency Beacon Corp. v. Glatzer
  665 F.2d 36· 2d Cir.· 1981-11-23 ·cited 8×
  The court held that title to the cars passed to Glatzer in November 1974, meaning EBC had no rights in the collateral to convey a security interest to Monteo in 1975.
• Vigano v. Wylain, Inc.
  633 F.2d 522· 8th Cir.· 1980-10-31 ·cited 8×·via Uniform Commercial Code Article 2
  The court held that distributorship agreements are not covered by the UCC Statute of Frauds and that claims for lost future profits are too speculative to be recoverable.
• Wolf Ridge Plastics, Inc. v. Jacksonville Elec. Auth.
  388 So. 2d 1298· Fla. 1st DCA· 1980-10-07 ·cited 8×
  Wolf Ridge Plastics and ETA sought an injunction to prevent JEA and contractor Au from substituting a different pipe supplier for the large-diameter thermal discharge pipe, and alternatively sought damages. The trial court granted summary judgment for the defendants based on moot
• Tipton v. Woodbury
  616 F.2d 170· 5th Cir.· 1980-04-30 ·cited 8×
  The court held that the letters confirming the oral agreement satisfied the Statute of Frauds and that sufficient evidence demonstrated the existence of a binding contract for the sale of stock, entitling the plaintiffs to specific performance.
• Boudreau v. Borg-Warner Acceptance Corp.
  616 F.2d 1077· 9th Cir.· 1980-01-22 ·cited 8×
  A monetary default under a security agreement, coupled with the debtor's failure to pay for sold merchandise, activates the creditor's right to self-help repossession of all inventory, not just floorplanned items.
• Martin Marietta Corp. v. NEW Jersey Nat'l Bank
  612 F.2d 745· 3d Cir.· 1979-12-28 ·cited 8×
  The court held that the sand was identified to the contract and that the plaintiff's intent to keep the seller viable did not, by itself, constitute bad faith under the UCC. However, the court reversed and remanded for further proceedings on whether the transaction constituted a
• Barnett Bank OF Clearwater v. Rompon
  377 So. 2d 981· Fla. 2d DCA· 1979-11-07 ·cited 8×·via Uniform Commercial Code Article 9
  A bank that financed a mobile home and perfected its security interest with the Department of Motor Vehicles sought to foreclose after the mobile home was affixed to land and became a fixture to real property. The court held that even when a mobile home becomes a fixture, it rema
• FMC Fin. Corp. v. Reed
  592 F.2d 238· 5th Cir.· 1979-03-29 ·cited 8×
  The court affirmed judgment for Finance on the notes, finding Reed ratified Finance's payment to FMC, and affirmed dismissal of Reed's third-party claim for trailers due to insufficient evidence and statute of frauds issues.
• VAN DEN Broeke v. Bellanca Aircraft Corp.
  576 F.2d 582· 5th Cir.· 1978-07-12 ·cited 8×
  The court held that express disclaimers of warranty were not shown to be part of the agreement at the time of contracting and therefore were not binding.
• O'Neill v. Barnett Bank OF Jacksonville
  360 So. 2d 150· Fla. 1st DCA· 1978-06-30 ·cited 8×
  A properly registered security interest in an aircraft under federal law is superior to a subsequent buyer's interest, even if the buyer is considered in the ordinary course of business under state law.
• Cermetek, Inc. v. Butler Avpak, Inc.
  573 F.2d 1370· 9th Cir.· 1978-05-03 ·cited 8×
  A freight forwarder's liability limitation for carriage does not extend to breaches of its separate C.O.D. collection duty, and a defaulting carrier cannot mitigate damages by claiming the C.O.D. amount was uncollectible or the goods were defective.
• Barbara Bornstein for Nat'l Indem. Co. of Omaha v. Citizens Nat'l Bank OF Orlando
  564 F.2d 721· 5th Cir.· 1977-12-15 ·cited 8×·via Uniform Commercial Code Article 9
  This is a certification of questions of law from the Fifth Circuit to the Florida Supreme Court, not a decision on the merits.