CopyCited 19 times | Published | Supreme Court of Florida | 33 Fla. L. Weekly Supp. 268, 2008 Fla. LEXIS 755, 2008 WL 1901686
...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. Stat. (2002). Section
673.4081, Florida Statutes (2002), [2] provides that a "check or other draft does not of itself operate as an assignment of funds in the hands of the drawee which are available for its payment." The Third District Court of Appeal in Gelco Corp....
...to control the funds in the account, the payee has not yet obtained possession or control of the funds. Construing the provisions of the garnishment statute together with the related provisions of Florida's U.C.C., specifically sections
674.403 and
673.4081, we hold that funds remain in the garnishee's possession and control, even though a check has been written and delivered to the payee, if the check has not been presented for payment....
...ise of payment, is sufficient to place the funds out of garnishment's reach. [9] Once again, our statutory scheme addresses and rejects this rationale by specifically providing that issuance of a check does not operate as an assignment of funds. See § 673.4081, Fla....
...NOTES [1] Section
77.19, Florida Statutes (2002), states, "No garnishee . . . shall retain out of the money more than double the amount which the writ of garnishment specifies as the amount plaintiff expects to recover or more than double the amount of the judgment plaintiff has recovered." [2] Section
673.4081 was formerly located in section 673.409, Florida Statutes (1991)....
CopyCited 3 times | Published | Florida 5th District Court of Appeal | 87 U.C.C. Rep. Serv. 2d (West) 18, 2015 Fla. App. LEXIS 9987, 2015 WL 4002385
...Sinha Corp.,
644 So.2d 983, 986 (Fla.1994)). Next, we address Appellant’s statutory claim based on the Uniform Commercial Code — Negotiable Instruments, Chapter 673, Florida Statutes (2012). Specifically, Appellant asserted a claim based on sections
673.4131 and
673.4081 pertaining to a bank’s acceptance of a check....
...r less than face value. Although we agree that Appellee varied the terms of *848 the instrument, we do not agree that Appellant, who cashed the check and accepted the lesser sum, has a remedy against the bank under the Uniform Commercial Code. Under section 673.4081, a drawee bank is not liable on a check until the bank “accepts” it....
...If the holder of the check disagrees with the varied terms, the holder’s alternative to acquiescence is to treat the conditional acceptance as “dishonored,” in which case the drawee bank has the right to revoke its acceptance, absolving it of liability to the payee under sections
673.4101(1) and
673.4081, Florida Statutes (2012)....
