CopyCited 8 times | Published | Florida 5th District Court of Appeal | 2012 WL 511288, 2012 Fla. App. LEXIS 2452
...on who has the rights of a holder, or (3) a person not in possession of the instrument who is entitled to reestablish a lost, destroyed or stolen instrument pursuant to section
673.3091, or who has paid or accepted a draft by mistake as described in section
673.4181....
CopyPublished | United States Bankruptcy Court, M.D. Florida | 23 Fla. L. Weekly Fed. B 380, 2012 WL 1893634, 2012 Bankr. LEXIS 2350
...trument 19 as: (1) The holder of the instrument; (2) A nonholder in possession of the instrument who has the rights of a holder; or (3) A person not in possession of the instrument who is entitled to enforce the instrument pursuant to §
673.3091 or §
673.4181(4)....
CopyPublished | Florida 3rd District Court of Appeal | 91 U.C.C. Rep. Serv. 2d (West) 859, 2017 WL 361944, 2017 Fla. App. LEXIS 718
...$85,000, mistakenly paid by BBVA at its office in the Dominican Republic by
draft on an account of a customer there and credited to Easy Luck’s account at
SunTrust Bank in Miami-Dade County. Applying sections 3-303 and 3-418 of the
Uniform Commercial Code, §§
673.3031 and
673.4181, Fla....
... served on Easy Luck on June 14, 2012. This was the first time Easy Luck had any
knowledge of the counterfeiting and forgery.
ANALYSIS
Resolution of this dispute is governed in the main by Florida’s version of the
Uniform Commercial Code, section 673.4181, titled “Payment or acceptance by
mistake,” which provides as follows:
(1) Except as provided in subsection (3), if the drawee of a draft
pays or accepts the draft and the drawee acted on the mistaken
belie...
...e cost of the shoes. We agree with
Easy Luck on both points.
As to the $43,337 payment, BBVA concedes that Easy Luck “changed
position in reliance” on BBVA’s mistaken payment of the draft within the meaning
of the second exception to section 673.4181(3) when it shipped the shoe order to
JAMS in the Dominican Republic and therefore is not entitled to recoup that
portion of the mistakenly paid draft. However, BBVA argues that Easy Luck did
not take the draft “in good faith and for value” within the meaning of the first
exception to section 673.4181(3) for the remaining $41,663, the amount which was
credited against the delinquent debt JAMS owed to Easy Luck....
... accepted cashier's check for payment of mortgage, an antecedent claim, even
though it took no immediate action on the mortgage).
BBVA finally argues that Easy Luck did not take the draft “in good faith,”
as also required by the first exception to section 673.4181(3). BBVA apparently
forgets the second exception to section 673.4181(3), to which it acceded on the
$43,337 shoe purchase credit, also contains a “good faith” requirement. When
BBVA conceded it should suffer the loss in the amount of the shoe purchase, it
seems that BBVA must necessarily have conceded Easy Luck “in good faith”
under that exception as well. See § 673.4181(3)....
CopyPublished | Florida 3rd District Court of Appeal
...2
that BNYM was not “1) the holder of the note, 2) a nonholder in possession who
has the rights of a holder, or 3) a person not in possession who is entitled to
enforce the instrument pursuant to Florida Statute §
673.3091 or Florida Statute
§
673.4181(4), at the time the lawsuit was filed, therefore [BNYM] does not have
standing to bring this action.”1
The case proceeded to non-jury trial in August 2016....
...the note and mortgage into evidence. After Ms. Braithwaite identified the default
1 That this was a “boilerplate” defense is disclosed by the fact that section
673.3091, Florida Statutes (2017), addresses lost, stolen, or destroyed instruments.
Section
673.4181(4) deals with instruments (typically checks) paid by mistake and
treated as dishonored....
