CopyCited 1 times | Published | United States Bankruptcy Court, S.D. Florida. | 22 Fla. L. Weekly Fed. B 236, 70 U.C.C. Rep. Serv. 2d (West) 545, 2009 Bankr. LEXIS 3629, 52 Bankr. Ct. Dec. (CRR) 121
...Plaintiff has since voluntarily dismissed common law counts III, IV, V, VI, VII, VIII in part, and IX of the Amended Complaint. Only Counts I and II for breach of contract, Count VIII for accounting, Count X for turnover and Count XI for violation of Florida Statute § 670.203 remain....
...oluntary Dismissal, Without Prejudice of Counts III, IV, V, VI, VII, VIII in part, and IX [CP #74]; leaving at issue Counts I and II (for Breach of Contract), part of Count VIII (for Accounting), Count X (for Turnover) and Count XI (for Violation of § 670.203, Florida Statutes)....
...r before the filing of this complaint and to the extent relevant, more than one year prior to the order of recognition in its Chapter *912 15 case. Therefore, as a matter of law, its claim that the December 16, 2002 transfer violated Florida Statute §
670.203 is barred by the one year statute of repose set forth in Florida Statute §
670.505 and Defendant is entitled to summary judgment on Count XI of the Amended Complaint....
CopyPublished | Court of Appeals for the Eleventh Circuit
...§
670.204(1).
As the commentary explains, “the bank is not entitled to any
recovery from the customer based on negligence for failure to in-
form the bank. Loss of interest is in the nature of a penalty on the
customer designed to provide an incentive for the customer to po-
lice its account.” Id. §
670.203 cmt....
...transfer: the bank or the account holder. It chose the bank. In-
deed, the commentary expressly says so: “There is no intention to
impose a duty on the customer that might result in shifting loss
from the unauthorized order to the customer.” Id. § 670.203 cmt.
That makes sense because banks control the security of their
deposits, and they are in the best position to safeguard them....
...Id.
The commentary explains that “[a] security procedure is not
commercially unreasonable simply because another procedure
might have been better or because the judge deciding the question
would have opted for a more stringent procedure.” Id. § 670.203
cmt....