Florida/Georgia Personal Injury & Workers Compensation

...r "control," are those found within the Uniform Commercial Code (U.C.C.). The U.C.C. has been adopted by statute in Florida in chapters 671 through 680, Florida Statutes, and chapter 673 pertains to negotiable instruments, such as checks. See, e.g., § 673.1041(6), Fla....

...(2002); see also Black's Law Dictionary 252 (defining certified check as "[a] depositor's check drawn on a bank that guarantees the availability of funds for the check"). A cashier's check is "a draft with respect to which the drawer and drawee are the same bank or branches of the same bank." § 673.1041(7), Fla....

...[2] Our decision here is based solely on the application of the statute of frauds and in no way addresses the merits of this action. See Harrison, 682 So.2d at 652-53 n2. [3] The revised dissent now appropriately concedes that a personal check is a negotiable instrument, see section 673.1041(1), (3), (6), Florida Statutes (1995); Kehle v....

...Section 90.953, Florida Statutes (2002), however, indicates that duplicates are admissible unless a genuine question is raised about the authenticity of the original, or it is unfair to admit the duplicate, or: The document or writing is a negotiable instrument as defined in s. 673.1041, a security instrument as defined in s....

...tself a security agreement or lease, and is of a type that is transferred by delivery in the ordinary course of *727 business with any necessary endorsement or assignment. A promissory note is clearly a negotiable instrument within the definition of section 673.1041(1), and either the original must be produced, or the lost document must be reestablished under section 673.3091, Florida Statutes (2002)....

...[2] Although Guarino was named as a defendant in this case, Any Kind never perfected service upon him. [3] Talcott did not cross-appeal the judge's ruling regarding the $5,700 check. [4] The definition of a "check" includes a "draft ... payable on demand and drawn on a bank...." § 673.1041(6), Fla. Stat. (2001). A "draft" is a negotiable instrument that is an order. § 673.1041(2) & (5), Fla....

...Chapter 673 governs negotiable instruments. See § 673.1021(1), Fla. Stat. (1993) ("This chapter applies to negotiable instruments."). In order for an instrument to be negotiable under the UCC, it must contain an unconditional promise to pay a sum certain. § 673.1041(1), Fla....

...ircumstances surrounding the transaction, to determine whether the checks had been submitted for payment or for collection. If the appellate court had applied the "four corners" rule, the factual issue could not have arisen, as a check is defined in section 673.1041(6), Florida Statutes, as a "draft, other than a documentary draft, payable on demand." The facts here before the Court fit squarely with the considerations recognized in David Graubart, which the Third District cited with approval in Bank of Miami....

...payment, (ii) an authorization or power to the holder to confess judgment or realize on or dispose of collateral, or (iii) a waiver of the benefit of any law intended for the advantage or protection of an obligor." U.C.C. § 3-104 (2009); Fla. Stat. § 673.1041(2009) In the case of In re Maurer, 140 B.R....

...Also inexplicably, the majority accredits the former wife's disingenuous demand for prejudgment interest on the $239,323.04 in promissory notes whose sole purpose was to protect the former wife from judgment in an unrelated civil suit. [2] These notes were clearly negotiable instruments under section 673.1041, Florida Statutes (1992); however, the former wife claims that because they provide for an "undertaking or instruction ......

...1999). This distinction is not esoteric legalese. Florida law is clear that a "negotiable instrument" is "an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order." § 673.1041(1), Fla....

...He argues that his proof complied with section 71.011, Florida Statutes (1995), which provides for establishing lost papers, records or files. Section 71.011 controls the establishment of lost documents "except when otherwise provided." The lost promissory note was a negotiable instrument. § 673.1041(1), Fla....

...Brown, 392 F.3d 1283, 1294 (11th Cir.2004). Under Florida law, the term “negotiable instrument” means “an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order.” Fla. Stat. § 673.1041 (1). An instrument is not negotiable if it states “any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money.” Id. § 673.1041(l)(c)....

...harge and prepayment-penalty provisions, their argument fails. A negotiable instrument is an “unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order.” Fla. Stat. § 673.1041 (1) (emphasis added)....

...d that the value of the collateral exceeded the amount claimed by GMAC, and rendered judgment in favor of Honest Air and Mr. Babcock. Our analysis of this case begins with chapter 673, which is titled Uniform Commercial Code: Negotiable Instruments. Section 673.1041(1) generally defines a negotiable instrument as "an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise on order." Additionally, it must be "payable to bearer or to order at the time it is issued or first comes into possession of a holder" and "payable on demand or at a definite time." § 673.1041(1)(a), (b). A negotiable instrument, by definition, "[d]oes not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money." § 673.1041(1)(c)....

...he creditor agrees to dispose of the collateral in certain ways following repossession. The RISC also obligates the buyer to pay fees for late payment or dishonored checks. All of these undertakings bring the RISC within the exclusionary language of section 673.1041(1)(c), which provides that a negotiable instrument "does not state any other undertakings" in addition to the payment of money....

...A negotiable instrument should be "simple, certain, unconditional, and subject to no contingencies. As some writers have said, it must be a[']courier without luggage.'" Mason v. Flowers, 91 Fla. 224, 107 So. 334, 335 (1926). The Uniform Commercial Code comment to section 673.1041 provides, in part: Words making a promise or order payable to bearer or to order are the most distinguishing feature of a negotiable instrument and such words are frequently referred to as "words of negotiability." Article 3 is not m...

...ts parties, nothing in Section 3-104 or in Section 3-102 is intended to mean that in a particular case involving such a writing a court could not arrive at a result similar to the result that would follow if the writing were a negotiable instrument. § 673.1041, Fla....

...(1983)). The foreclosing bank in Clarke introduced a copy of a promissory note into evidence. Clarke, 87 So. 3d at 59. We noted that “[a] duplicate is . . . admissible to the same extent as an original,” unless “[t]he document or writing is a negotiable instrument as defined in s. 673.1041.” Id....

...explanation’ for failing to produce the original at trial.” Id. at 62. A modification to a note, while “as much a part of the parties’ agreement [i.e., its terms] as the original note,” Rattigan, 199 So. 3d at 967, is not, itself, a negotiable instrument. See § 673.1041, Fla....

...Conclusion Appellant failed to preserve her best evidence rule objection, and she misconstrues the holding of Rattigan. A copy of a modification is admissible to the same degree as an original, as it is not a negotiable instrument as defined in section 673.1041....

...The issue on remand will be whether Lucas can be held responsible for the transfer of the stolen and altered check. Section 674.207(1) refers to the "transfer[ ]" of "an item." The definition of an "item" includes an "instrument." § 674.104(1)(i), Fla. Stat. (2004). The check here at issue is an "instrument." § 673.1041(6), Fla....

...Section 90.953 provides: 4  Admissibility of duplicates A duplicate is admissible to the same extent as an original, unless: (1) The document or writing is a negotiable instrument as defined in s. 673.10411, a security as defined in s....

...(3) It is unfair, under the circumstance, to admit the duplicate in lieu of the original. In order to admit a document into evidence, “[a]uthentication or identification of evidence is required as a condition precedent to its admissibility. 1 Section 673.1041, Florida Statutes (2016) provides in pertinent part: (1) Except as provided in subsections (3), (4), and (11), the term “negotiable instrument” means an unconditional promise or order to pay a fixed am...

...28, 2018): A modification to a note, while “as much a part of the parties' agreement [i.e., its terms] as the original note,” Rattigan [v. Central Mortgage Co.], 199 So. 3d 966, 967 [(Fla. 4th DCA 2016)], is not, itself, a negotiable instrument. See § 673.1041, Fla....

...Apex Oil Co., Inc., 579 F.3d 734, 735-37 (7th Cir.2009); Torwico Elec., Inc. v. New Jersey Dep't of Envtl. Prot. (In re Torwico Elec., Inc.), 8 F.3d 146, 150-51 (3d Cir.1993). [22] Sheerin v. Davis (In re Davis), 3 F.3d 113, 116-17 (5th Cir.1993). [23] Id. [24] Ch. 673, Fla. Stat. (2010). [25] §§ 673.1041(6), .1091(2), Fla. Stat. (2010). [26] § 673.1041(6), Fla....

...3d 1129 (Fla. 1st DCA 2011) (recognizing the promissory note as a negotiable instrument); Perry v. Fairbanks Capital Corp., 888 So. 2d 725, 727 (Fla. 5th DCA 2004) (noting that “[a] promissory note is clearly a negotiable instrument within the definition of section 673.1041(1)”). 6 Pardo v....

notes were negotiable instruments pursuant to section 673.1041(1), Florida Statutes (1995); and that the

...balance of unpaid accrued interest was added to the principal balance. Ms. Stacknik argues that the negative amortization provisions of her note remove it from the definition of a negotiable instrument because the amount promised to be paid is not "fixed." See § 673.1041(1) (defining "negotiable instrument" in part as "an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order")....

...Bayview Loan Servicing, LLC, No. 4D16-4193, 2018 WL 1517240, at *2 (Fla. 4th DCA Mar. 28, 2018), the court held that "[a] copy of a modification is admissible to the same degree as an original, as it is not a negotiable instrument as defined in section 673.1041." We reverse and remand for a new trial....

...The note's classification, in turn, is determined by its terms and conditions, as well as the applicable Florida law. On this point Florida's Uniform Commercial Code provides the appropriate standard by which to classify the Nutting Note. As a starting point, the Court looks to Florida Statutes § 673.1041(1), which defines a "negotiable instrument" as: an unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or order, if it: (a) Is payable to bearer or order at the...

...possession of a holder; (b) Is payable on demand or at a definite time; and (c) Does not state any other undertaking or instruction by the person promising or ordering payment to do any act in addition to the payment of money. . . . Florida Statute § 673.1041(2) goes on to state that the term "instrument" means a negotiable instrument. The term "instrument," in turn, is defined more broadly in Florida Statutes § 679.105(1)(g) to include not only a negotiable instrument as defined in § 673.1041, but also any other writing which evidences a right to the payment of money and is not itself a security agreement or lease and is of a type which is in ordinary course of business transferred by delivery with any necessary indorsement or assignment....

...An undertaking or power to give, maintain, or protect collateral to secure payment; 2. An authorization or power to the holder to confess judgment or realize on or dispose of collateral; or 3. A waiver of the benefit of any law intended for the advantage or protection of an obligor. Fla. Stat § 673.1041(1)....

...“An instrument is a ‘note’ if it is a promise and is a ‘draft’ if it is an order. If an instrument falls within the definition of both ‘note’ and ‘draft,’ a person entitled to enforce the instrument may treat it as either.” Fla. Stat § 673.1041(5)....

...In Hanna's response to the motion, she argued that the bank did not have standing as holder of the note, because the note was not negotiable. The trial court entered summary judgment in favor of the bank. Hanna contends the note is not negotiable because it does not contain a promise to pay a fixed amount of principal. See § 673.1041(1), Fla....

...In Hanna's response to the motion, she argued that the bank did not have standing as holder of the note, because the note was not negotiable. The trial court entered summary judgment in favor of the bank. Hanna contends the note is not negotiable because it does not contain a promise to pay a fixed amount of principal. See § 673.1041(1), Fla....

...ng as holder of the note, because the note was not negotiable. The trial court entered summary judgment in favor of the bank. Hanna contends the note is not negotiable because it does not contain a promise to pay a fixed amount of principal. See § 673.1041(1), Fla....

...The appellant argues that section 673.3111, Accord and Satisfaction, enacted after section 725.05, changes the interpretation of section 725.05. We disagree. Section 673.3111 deals with accord and satisfaction by use of instrument. “Instrument” is defined in section 673.1041(2), Florida Statutes (1993), as a negotiable instrument. The memorandum of agreement in this case which constitutes the release is not a negotiable instrument within the meaning of section 673.1041(2), and thus section 673.3111 does not apply to its terms....

...2  Regardless, the trial court erred in concluding that the note in question was non-negotiable. Florida has adopted the Uniform Commercial Code, including its provision on negotiability and enforcement of negotiable instruments. Under section 673.1041(1), Florida Statutes (2013), the term “negotiable instrument” means: [A]n unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or ord...

...addition to the payment of money . . . Section 673.1061, Florida Statutes (2013), defines “unconditional” by stating those conditions that prevent it from being unconditional: (1) Except as provided in this section, for the purposes of s. 673.1041(1), a promise or order is unconditional unless it states: (a) An express condition to payment; (b) That the promise or order is subject to or governed by another writing; or (c) That rights or...

...2  Regardless, the trial court erred in concluding that the note in question was non-negotiable. Florida has adopted the Uniform Commercial Code, including its provision on negotiability and enforcement of negotiable instruments. Under section 673.1041(1), Florida Statutes (2013), the term “negotiable instrument” means: [A]n unconditional promise or order to pay a fixed amount of money, with or without interest or other charges described in the promise or ord...

...addition to the payment of money . . . Section 673.1061, Florida Statutes (2013), defines “unconditional” by stating those conditions that prevent it from being unconditional: (1) Except as provided in this section, for the purposes of s. 673.1041(1), a promise or order is unconditional unless it states: (a) An express condition to payment; (b) That the promise or order is subject to or governed by another writing; or (c) That rights or...

...Section 68.065(1) applies in “any civil action brought for the purpose of collecting a check.” Appellant’s “civil action” to collect the check was based on section 673.4011(1), Florida Statutes (2001), which creates liability “on an instrument.” The check at issue is an instrument. See § 673.1041(5)-(6), Fla....

...However, the modified mortgage was not assigned to Bank. Bank filed its original foreclosure complaint on May 5, 2014. Although the original credit agreement executed by Borrowers was a nonnegotiable instrument because it was not for a fixed sum, see section 673.1041(1), Florida Statutes (2003), the owner of a nonnegotiable note may still have enforcement rights....

...substantially similar to that of the payee; or (b) The instrument, whether or not indorsed, is deposited in a depositary bank to an account in a name substantially similar to that of the payee. At the outset, the check at issue is an instrument. See § 673.1041(5),(6)....

...State, 59 So. 3d 1092, 1095 (Fla. 2011) (citations omitted). Under the Florida Evidence Code, section 90.953, Florida Statutes, a duplicate document is admissible to the same extent as an original, but not if the document “is a negotiable instrument as defined in s. 673.1041.” § 90.953(1), Fla. Stat. (emphasis added). This case involves a promissory note that qualifies as a negotiable instrument under section 673.1041, requiring Appellants to make regular interest payments on MBC’s debt....

...Section 679.306(4)(b) only deals with proceeds in the form of money, which is defined at section 671.201(24) of the Florida Statutes, 3 as “a medium of exchange authorized or adopted by a domestic or foreign government_” Tralins received a (cashier’s) check for the Neswitz Settlement Funds. A check is defined in section 673.1041(6), made applicable to Article 9 by section 679.105(3), as: a draft, other than a documentary draft, payable on demand and drawn on a bank or a cashier’s check or teller’s check. An instrument may be a check even though it is described on its face by another term, such as “money order.” F.S. § 673.1041(6) (emphasis added)....

proceedings consistent with this opinion. . See § 673. 1041, Fla. Stat. (1995); Marshall v. State ex rel