Florida/Georgia Personal Injury & Workers Compensation

...ified to the contract (emphasis supplied). Exchange National Bank of Tampa v. Alturas Packing, 269 So.2d 733 (Fla. 2nd DCA 1972). This case is an interpretation of Section 672.402, Fla.Stat. Identification of the goods to the contract is governed by Section 672.501(1)(b), Fla.Stat., in cases such as this where the goods are "future" goods and this identification occurs when the goods are shipped....

...that there was no legal barrier, recorded or otherwise, precluding such a transfer. The fact that the transfer papers preceded Mercury’s physical possession of the machine by approximately a week does not support the directed verdict, as shown by section 672.501, Florida Statutes (1979), which provided: (1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and he has an option to return or reject them....

...Goods which are not both existing and identified are considered "future goods." One who contracts to buy future goods may become a buyer in the ordinary course of business at the point when the goods are shipped, marked, or otherwise designated by the seller as goods to which the contract refers. See § 672.501(1)(b), Fla....

...or would have been ready for delivery the next day. There was no evidence that even this particular kit had been identified to a specific contract. The UCC does not require goods to be in a deliverable state in order for identification to occur. See § 672.501, Fla....

...his Court has previously declared in the Gothaer Order. These are: 1. That “[t]he Court has no authority or discretion to ‘disagree with the Fifth Circuit’s ruling in Glukstad, and find that in the marine insurance context, *1572 Fla.Stat.Ann. § 672.501(2) is inapplicable.’ ” Gothaer Motion to Amend at 2 (quoting Gothaer Order, p....

...t by the Supreme Court in 1887 in Hooper , 12 , and as later applied in Harrison, Groban and Atlas. However, standing in direct opposition to the federal maritime rule is a provision of the Florida Uniform Commercial Code. According to Fla.Stat.Ann. § 672.501 (emphasis added): (2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him.......

...t installment on their price. In order for a buyer to recover goods in the seller’s possession after the seller has become insolvent several elements must be present. The buyer must (1) have a special property interest in the goods under Fla.Stat. 672.501; (2) have paid part or all of the purchase price; and (3) keep good a tender of any unpaid portion of the purchase price....

...CSY became insolvent within ten days of receiving the $35,000 installment. In order to determine if the Jaegars have a special property interest in the goods, it is necessary to refer to Fla.Stat. § 672.-501(l)(a) and (b) which provides as follows: § 672.501....

...sting and identified; (b) If the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers. According to Fla.Stat. § 672.501 the buyer obtains a special property interest when the goods are identified....

...the contract ... (2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods ... As to identification of goods, Fla.Stats., § 672.501(1) provides: ......