Florida/Georgia Personal Injury & Workers Compensation

...If the check is not honored upon its initial presentment, and subsequently resubmitted, the date of delivery no longer controls and the date of payment becomes the date the check is actually honored by the drawee bank. This conclusion is in accord with the Florida Uniform Commercial Code. Section 673.3101, Florida Statutes provides that: (2) Unless otherwise agreed and except as provided in subsection (1), if a note or an uncertified check is taken for an obligation, the obligation is suspended to the same extent the obligation would...

...king account. In the College Bound case, the checks were received, deposited, and then dishonored. The possibility of dishonor of a check, however, should not affect the determination of when a check is actually received by a payee. Florida Statutes § 673.3101 controls the relationship between payors and payees of negotiable instruments (as opposed to the relationship between banks, as relied upon in In re College Bound, Inc., supra)....

...a provisional settlement for the item and failed to revoke the settlement in the time and manner permitted by statute, clearinghouse rule, or agreement. (2) If provisional settlement for an item does not become final, the item is not finally paid. . § 673.3101....

...To be clear, a party in VFS’s position is not without re- course. As the Seventh Circuit noted in Thirteen Investment Com- pany, the plaintiff could have sued the bank as a remedy. 67 F.4th at 394. We agree here. Section 673.3101(1) of the Florida Statutes (UCC § 3-301) states that if a “check is taken for an obligation, the obligation is suspended to the same extent the obligation would be discharged if an amount of money equal to the amount of the in- strument were taken” and “suspension of the obligation continues until dishonor of the check or until it is paid or certified.” Sec- tion 673.3101’s comment 4 also states: “[i]f the payor bank pays a person not entitled to enforce the instrument, ....

...vi- sions. While Markel American’s obligation has been discharged under § 673.4141(3), the underlying obligation on the checks them- selves has not been discharged under § 673.1101(4), but rather sus- pended under § 673.3101, and it may still be enforced against the bank. IV....

...ishonored when presentment is made and due acceptance or payment is refused. Fla.Stat. § 673.5021. Bel-lomy-Lawson also note that if an uncertified check is taken for an obligation, the obligation is suspended until dishonor of the check. Fla.Stat. § 673.3101(2)....

...Procedo and Con-Trade agreed to resolve their disputes in Germany; Con-Trade and the Florida corporations agreed to resolve their disputes in Germany. However, the parties now in litigation in Florida did not agree to resolve any disputes between themselves in any particular forum. Pursuant to section 673.3101(2)(c), Florida Statutes, Pro-cedo, the obligee on the bills of exchange, could sue either on the underlying obligation, or the instruments themselves....