CopyCited 271 times | Published | Court of Appeals for the Eleventh Circuit
...Florida’s worthless check statute, Fla. Stat.
34
§
68.065, punishes the making or drawing of a bad check. But individual signers
of corporate checks are not liable for those checks; the corporation remains liable.
See Fla. Stat. §
673.4021(3)....
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 1995 WL 407448
...cCOY." [2] The court's final order awarded $4,200 in attorney's fees and an expert witness fee of $500. [3] We recognize that the agreement was not a negotiable instrument, but a reference to the UCC article on such instruments might be helpful. See § 673.4021, Fla....
CopyCited 6 times | Published | Florida 3rd District Court of Appeal | 24 U.C.C. Rep. Serv. 2d (West) 980, 1994 Fla. App. LEXIS 9017, 1994 WL 511207
...ntative capacity, or if the instrument does not name the person represented but does show that the representative signed in a representative capacity. *38 During the pendency of the suit this statute was repealed and replaced by the legislature with section 673.4021, Florida Statutes (1993), effective January 1, 1993. Section 673.4021 provides in part: (3) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified...
...The Meek court reasoned that when substantive legislation changes the amount of relief available under the statute, or creates a new quantum of relief, application of such legislation to an injury that occurred before the amendment will be viewed as retroactive, and thus forbidden. Section 673.4021 is not merely a procedural section that changes the method by which a payee can enforce his or her rights....
...Rather, the section substantively alters rights available to the payee, and should be prospectively applied only, absent an express legislative pronouncement that it should be retroactively applied. [4] The legislature did not provide this express intention for section 673.4021 in Chapter 92-82, section 62, at 819, Laws of Florida....
...Serna signed the dishonored checks in July and August of 1992. Milanese's substantive right to collect treble damages on the worthless checks under section 673.403(2) arose in September, 1992, when it brought suit to enforce its right. The legislature created section 673.4021, effective January 1, 1993....
...If the statute were retrospectively applied, all the benefits to which Milanese was entitled under section 673.403 in 1992 would be effectively eradicated mid-litigation in 1993, dramatically reducing Milanese's options for recovering its undisputed damages. We therefore find section
673.4021 confers substantive rights and thus cannot be retrospectively applied to this case. Retrospective application of section
673.4021(3) would eliminate the substantive right and remedy available to Milanese under sections
68.065 and 673.403(2)....
...*39 Accordingly, the order under review is affirmed. GERSTEN, J., concurs. BASKIN, Judge (dissenting). I am unable to agree with the majority opinion for two reasons. First, I disagree with the majority's conclusion that section 673.403(2), Florida Statutes (1991), governs this case rather than 673.4021(3), Florida Statutes (Supp....
...l fact regarding Jose Serna's signing capacity, even under section 673.403. I conclude that genuine issues of material fact remain unresolved and would reverse the summary judgment and remand for further proceedings. Reviewing section 673.403(2) and section 673.4021(3), I find that the latter statute governs. Section 673.4021(3) does not diminish the substantive rights and remedies of Milanese, Inc., to collect treble damages on the dishonored checks....
...Wainwright,
322 So.2d 473, 475 (Fla. 1975), substantive law prescribes duties and rights and procedural law concerns the means and methods to apply and enforce those duties and rights. Mancusi,
632 So.2d at 1358 (citations omitted). Consequently, I would hold that section
673.4021(3) is procedural or remedial in nature as it merely changes the means employed in redressing an injury and thus may be applied retrospectively. Under section
673.4021(3), Serna is not personally liable on the checks if the statutory criteria are met, absent evidence of an agreement to the contrary....
...onship or impose new penalties on conduct which occurred before enactment." Oakbrooke Assocs., Ltd. v. Insurance Comm'r of State of Cal.,
581 So.2d 943, 946 (Fla. 5th DCA 1991) (citing City of Lakeland v. Catinella,
129 So.2d 133 (Fla. 1961)). Thus, section
673.4021(3) should be applied to the case before this court....
...The statute was designed to remedy cases in which the representative was held responsible on a corporate check based on some evidence that the person receiving the check was not aware of the signatory's representative status. The Uniform Commercial Code Comment following section 673.4021 states, in part, that "[v]irtually all checks used today are in personalized form which identify the person on whose account the check is drawn....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 2001 WL 1130868
...We conclude that Medina is not personally liable for the corporate check, which was written on September 9, 1998. Effective January 1, 1993, Florida adopted Revised Article 3 of the Uniform Commercial Code ("UCC"). Ch. 92-82, §§ 2, 60, 62, Laws of Fla. The revised statute provides, in part: 673.4021....
...t indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person. § 673.4021(3), Fla....
CopyCited 3 times | Published | Florida 3rd District Court of Appeal | 27 U.C.C. Rep. Serv. 2d (West) 546, 1995 Fla. App. LEXIS 7752, 1995 WL 421920
...estments, Inc., which were presented and dishonored in 1992. Accordingly, as we held in Serna, and as the trial court correctly held here, his liability was controlled and arose under section 673.403, Florida Statutes (1991), and was not affected by section 673.4021 (1993), which became effective on January 1, 1993....
CopyCited 3 times | Published | Florida 4th District Court of Appeal | 1997 WL 1582
...Because the amended complaint stated a valid cause of action for Williamson's individual liability, the default final judgment is affirmed. WARNER, J., and HAUSER, JAMES C., Associate Judge, concur. NOTES [1] In 1992, the Florida legislature repealed section 673.403 and replaced it with section 673.4021. Ch. 92-82, §§ 1, 2 at 759, Laws of Fla. Section 673.4021(2) establishes a presumption that if a signature does not show unambiguously that it was made in a representative capacity, then the representative is personally liable.
CopyCited 2 times | Published | Florida 2nd District Court of Appeal
...inds" among the parties that Mr. Ossi be personally liable as a borrower. This was error. Parol evidence may be considered when the manner in which a party signs a promissory note is such that the capacity in which the party signed is ambiguous. See § 673.4021(2)(b), Fla....
CopyCited 1 times | Published | Florida 2nd District Court of Appeal | 1997 WL 199093
...Larry Moschini contended that, when Pietro Moschini signed the note on behalf of Moschini Jewelry, he also bound Inter-Gold which was holding itself out in the community as doing business as Moschini Jewelry. Larry Moschini's claim against Inter-Gold is governed by section 673.4021(1), Florida Statutes (1993): If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the sig...
CopyPublished | Florida 3rd District Court of Appeal | 1994 Fla. App. LEXIS 9022, 1994 WL 511220
PER CURIAM. Childs appeals from a final judgment finding him individually liable on a check. The principal issue in this ease is whether section
673.4021(3), Florida Statutes, effective January 1, 1993, is retroactive. In Serna v. Milanese, Inc.,
643 So.2d 36 (Fla. 3d DCA 1994), this court held that section
673.4021(3) applies prospectively only; we affirm on.the basis of Serna ....
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1995 Bankr. LEXIS 1719
...KOVEN contends that the State of Florida is acting in bad faith if it prosecutes him under Fla.Stat. 832.01 et seq., pertaining to worthless checks. Rather it is KOVEN’S argument that as a representative of the Debtor he has no personal liability under Fla.Stat. 673.4021....
CopyPublished | Florida 4th District Court of Appeal
corporate representative of each corporation. See §
673.4021, Fla. Stat.
CopyPublished | Florida 3rd District Court of Appeal | 83 U.C.C. Rep. Serv. 2d (West) 306, 2014 WL 1230504, 2014 Fla. App. LEXIS 4411
...Four months later, both Big Bang and Ojeda sought to set aside the judgment, their 1.540 motion claiming the judgment was void. The motion was denied. We find no merit in that claim as to Big Bang. Moumina stated a valid cause of action pursuant to section
68.065(3)(a), as to it. Section
673.4021 of the Florida Statutes provides that when an individual acting as the representative of another signs an instrument on behalf of the person or entity represented but fails to indicate that he or she is signing in a representative ca...
...contract. If the represented person is bound, the signature of the representative is the “authorized signature of the represented person” and the represented person is *1120 liable on the instrument, whether or not identified in the instrument. § 673.4021(1), Fla....
...ng. Thus, as a matter of law, Big Bang was legally liable for these checks. Ojeda did not, however, bind himself by his signature on the Big Bang check. As this court in Medina v. Wyche,
796 So.2d 622, 623 (Fla. 3DCA 2001), explained, the purpose of section
673.4021, is to confirm that a company’s check binds only the company, even if the company’s agent signs in his or her own name: The official comment [to Revised Article 3 of the Uniform Commercial Code, Chapter 92-82, sections 2, 60, and...
CopyPublished | Florida 4th District Court of Appeal | 2004 Fla. App. LEXIS 3316, 2004 WL 515539
...lant’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. Stat. (2001). In this case, section
673.4021(3), Florida Statutes (2001) operates to relieve Gilbert of personal liability on the check....
CopyPublished | District Court of Appeal of Florida | 28 U.C.C. Rep. Serv. 2d (West) 909, 1996 Fla. App. LEXIS 66, 1996 WL 2994
...Nuttall is entitled to have the trial court consider her parol evidence in Ms. Jesonis’s action against her on the note. Reversed and remanded for further proceedings consistent with this opinion. PARKER, A.C.J., and QUINCE, J., concur. . For promissory notes created after May 11, 1992, section 673.4021, Florida Statutes (1993), controls....
CopyPublished | Court of Appeals for the Eleventh Circuit
...Florida’s worthless check statute, Fla. Stat.
34
§
68.065, punishes the making or drawing of a bad check. But individual signers
of corporate checks are not liable for those checks; the corporation remains liable.
See Fla. Stat. §
673.4021(3)....
CopyPublished | Florida 2nd District Court of Appeal | 2017 WL 3613890
PER CURIAM. Affirmed. See § 673.4021(2)(b), Florida Statutes (2013); Bank of N.Y....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 13 Fla. L. Weekly Fed. B 333, 2000 Bankr. LEXIS 982, 2000 WL 1251902
the checks in his representative capacity. Section 673,4021, Florida Statutes, effective January 1, 1993
CopyPublished | Florida 5th District Court of Appeal
...indorsement as attorney-in-fact for CitiMortgage.
An indorsement is a “signature” on the note “for the purpose of negotiating the
instrument.” §
673.2041(1), Fla. Stat. (2013). A signature can be placed on an instrument
by a person or a person’s representative. Id. §
673.4021(1)....
CopyPublished | Florida 3rd District Court of Appeal | 2004 Fla. App. LEXIS 11717, 2004 WL 1781311
...pursuant to a government's police power for the health and welfare of the general populace to abate a nuisance. Indeed, the cases relied upon by Welsh were not even decided in this context. See Serna v. Milanese,
643 So.2d at 37 (considering whether section
673.4021, Florida Statutes (1993), which absolved corporate officers from liability for signing corporate checks, could be retroactively applied), Serna v....
CopyPublished | Florida 2nd District Court of Appeal
...rties that Mr. Ossi be personally
liable as a borrower. This was error.
Parol evidence may be considered when the manner in which a party
signs a promissory note is such that the capacity in which the party signed is
ambiguous. See § 673.4021(2)(b), Fla....
CopyPublished | Florida 3rd District Court of Appeal | 2002 Fla. App. LEXIS 4272, 2002 WL 491873
...Fowler White Boggs and Banker and Francis B. Geary, Jr. and Joshua A. Payne (West Palm Beach) and Charles Tyler Cone (Tampa), for appellee. Before SCHWARTZ, C.J., and GODERICH and FLETCHER, JJ. PER CURIAM. Because it affirmatively appears that the appellant was personally liable, see § 673.4021(2)(b), Fla....
