Florida/Georgia Personal Injury & Workers Compensation

...otiability of governmental warrants. The Uniform Commercial Code expressly provides that principles of law and equity, including the law merchant, shall supplement the provisions of the Code, unless otherwise required by a particular Code provision. § 671.103, Fla....

...We remand for further proceedings consistent herewith. It is so ordered. BOYD, C.J., and ADKINS, OVERTON, McDONALD and SHAW, JJ., concur. NOTES [1] "Unless displaced by the particular provisions of this code the principles of law and equity ... shall supplement its provisions." § 671.103, Fla....

...and is not displaced by the Code, unless a particular 12  Case: 15-10713 Date Filed: 02/24/2017 Page: 13 of 25 provision specifically provides for such displacement.”) (citing Fla. Stat. § 671.103). Defendants suggest two alternatives bases on which we might affirm the district court....

...in a "commercially reasonable" manner. One of the general provisions of the Uniform Commercial Code is that "[e]very contract within this act imposes an obligation of good faith in its performance or enforcement." See Section 671.203. Additionally, Section 671.103 provides that principles of equity shall supplement the code....

...A security interest and equitable subrogation are not incompatible, indeed the surety contract here contained a provision that the assignments therein of a security agreement did not abrogate the surety's right to protect itself under other theories. This contractual provision is consistent with section 671.103 which provides that general principles of law and equity are applicable unless displaced by particular provisions of the U.C.C....

...s a statement of the law. Appellant argues, as a possible explanation, that as a rule of law the statement in Faulk was superseded by the later enacted Uniform Commercial Code. A more plausible explanation, we think, is that the statement was dicta. Section 671.103, Florida Statutes (1983) states that the pre-Code law with regard to fraud supplements the U.C.C....

...arranty by a seller of goods. West, supra at 88-89; Hi Neighbor Enterprises, Inc. v. Burroughs Corp., 492 F.Supp. 823, 826 (N.D.Fla.1980). The particular provisions of the U.C.C., where directly applicable, were intended to displace preexisting law. § 671.103....

...s legally inadequate. The strict rule of Slawson —that to change the common law a statute must unequivocally indicate that it is so doing— has been softened in cases involving the Uniform Commercial Code, Chapters 670-680, Florida Statutes (1997). Section 671.103, Florida Statutes (1997) states the rule for reconciling code provisions with the common law: Unless displaced by the particular provisions of this code, the principles of law and equity ......

...made available through subsection (1). The reading urged by appellees would nullify the word "also" in subsection (2) and amount to an impermissible rewriting of the statute through creative construction. A recent case demonstrates the operation of section 671.103....

...d to the issue raised on cross appeal, and remand for proceedings consistent with this opinion. WIGGINTON and BARFIELD, JJ., concur. NOTES [1] James E. Farmer was named as a defendant in the replevin complaint, but is not a party to this appeal. [2] § 671.103, Fla....

...§§ 674.401 and 670.204, and by the absolute liability preclusions in Fla. Stat. §§ 674.406 (6) and 670.505. Stated simply, BB & T asserts that Plaintiffs’ negligence claim is inconsistent with the U.C.C.’s statutory allocation of loss and related notice provisions. Section 671.103, Florida Statutes, provides that common law principles of law and equity shall supplement the U.C.C....

...uling on other matters. If interpleader is considered proper, the plaintiff is dismissed from the proceeding and the remaining parties should litigate among themselves the matter in dispute. 18A Fla.Jur., Interpleader, § 17 (1958). [2] Observe that § 671.103 provides that unless there is a specific contrary provision of the U.C.C., general principles of law and equity "shall supplement its provisions." To the same effect, see also Lewis State Bank v....

...[2] The Bloempoorts are entitled, for and on behalf of Minnesota Title, to recover the face amount of the converted check. § 673.419(2), Fla. Stat. (1989). [3] We reject the notion that enactment of the Uniform Commercial Code devitalized pre-code doctrines governing negotiable instruments. Section 671.103, Florida Statutes (1988), makes plain that "[u]nless displaced by the particular provisions of this code, the principles of law and equity ......

...Bank of Illinois in Champaign, 618 F.2d 432 (7th Cir.1980); Avco Delta Corp. Canada Ltd. v. United States, 459 F.2d 436 (7th Cir.1972); and General Finance Corp. v. East Lake Auto Sales Co., 190 So.2d 399 (Fla. 1st DCA 1966), cert. denied, 201 So.2d 460 (Fla. 1967). [3] Section 1-103 of the UCC, Section 671.103, Florida Statutes, provides: "Unless displaced by the particular provisions of this code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estoppel, fraud,...

...This rule applies to both real and personal property. [10] Picker argues that equitable principles of subrogation apply to real but not personal property. That is incorrect. Equitable principles supplement the UCC where there is no direct conflict. F.S. 671.103 (1999)....

...a condition or for a special purpose only may be shown by parol evidence as between the immediate parties to it. See McPherson v. Longview United Pentecostal Church, Inc., 540 S.W.2d 424 (Tex.Civ.App. 1976) (interpreting UCC section 3-306). See also section 671.103, Florida Statutes (1981), which states: Unless displaced by the particular provisions of this code, the principles of law and equity, including the law merchant and the law relative to capacity to contract, principal and agent, estopp...

...(1) The holder discharges any party to the instrument to the extent that without such party's consent, the holder: (a) * * * (b) Unjustifiably impairs any collateral for the instrument given by or on behalf of the party or any person against whom he has a right of recourse." In addition, the applicable general law (F.S. § 671.103) as to the duty of a creditor under circumstances such as these is clearly set out in 69 Am.Jur.2d § 229, Secured Transactions, p....

...While UCC Article 5 does not expressly make provision for circumstances to which waiver or estoppel might apply, the comment to Section 5-104 states that "[q]uestions of mistake, waiver or estoppel are left to supplementary principles of law." Additionally, Section 671.103 (UCC § 1-103) generally provides that unless displaced by particular provisions of the code, principles of law and equity and the law relative to estoppel, fraud, misrepresentations, etc., shall supplement the code's provisions....

...section 679.312(5) (a), F.S.A. Appellants candidly acknowledge that if this case involved nothing more than a mere contest as to priority between the bank and themselves, they would have an untenable position. They contend, however, that by virtue of F.S. section 671.103, F.S.A., the principles of equitable estoppel and subrogation supplement the provisions of F.S....

...710, Florida Statutes, do not provide the seller with the right of setoff for use or depreciation where there is a justifiable revocation of acceptance. Despite the code's failure to provide specifically for setoff, the code does state in UCC 1-103 (Section 671.103, Florida Statutes) that unless displaced by particular provisions of the code, principles of law and equity shall supplement the code's provisions....

...Ochoa, Fla.App.1st, 1958, 104 So.2d 799) However, in appropriate cases attorneys' fees may constitute an element of recoverable damages. ( Glusman v. Lieberman, Fla.App.4th, 1973, 285 So.2d 29, and cases therein cited). Construing F.S. 675.115 and F.S. 672.710 in the light of the facts of this case and in the light of F.S. 671.103 and F.S....

...e," such may be a valid defense to an action brought pursuant to section 677.301, Florida Statutes (1981), for nonreceipt of the shipment. Nevertheless, it is not necessarily a bar to the common law actions brought by Ladex against the carriers. See § 671.103, Fla....

...Anderson, Uniform Commercial Code § 1-103:1 (1981) (“The Code could have usurped the whole field of law as to commercial transactions, but it does not purport to do so.... When the prior case law is consistent with the code it remains controlling as authority.”) Section 671.103, Florida Statutes (1985), provides that “[ujnless displaced by the particular provisions of this code, the principles of law and equity ......

...April 1981. Finally, the uniform commercial code does not exist in a vacuum. Existing and related rules of law and principles of equity continue to be applicable to commercial transactions, as well, it is hoped, as common sense and custom and usage. § 671.103, Fla....

...tory warranty by utilizing conflicting tort theories. The Uniform Commercial Code preempts conflicting common law. “Unless displaced by the particular provisions of this code the principles of law and equity ... shall supplement its provisions.” § 671.103, Fla....

...This is consistent with the proposition that “[u]nless displaced by the particular provisions of [the 6 Uniform Commercial Code], the principles of law and equity . . . shall supplement its provisions.” § 671.103 Fla....

principle of estoppel, expressly preserved under Section 671.103, Florida Statutes, is applicable. When all

...nt from that which would have been the case had a proper supersedeas bond been posted. In other words, they may not now argue, for the first time, that disposition of the proceeds should be controlled by article 5 of the Uniform Commercial Code. See § 671.103, Fla....