Florida/Georgia Personal Injury & Workers Compensation

...e, and to choose wisely. Nor is the question entirely answered by Lewis' reasoning that, since it was an "intermediary" and "collecting" bank in the statutory sense of any bank handling an item for collection except the depositary or the payor bank, § 674.105(3), (4), F.S....

...Similarly, if a bank operates a data processing service for other payor banks within or without its banking house, designation of the data processing bank as the place of presentment is not made ineffective by the simple fact the bank "handles" the item for collection and is, therefore, a "collecting bank." Section 674.105(4), F.S....

...PMS and subsequently Kwik Blast were listed as the drawee, the one to whom presentation is to be made according to the collection order. Under the UCC, SBI is the depositary bank because it was the first bank to which the bill was transferred for collection. Fla. Stat. § 674.105(1)....

...The amended first bill was drawn against a customer of MSB, and MSB was directed to present the bill for acceptance. Therefore, MSB is both a collecting bank and a presenting bank because it was a bank other than a payor bank which handled the item for collection and presentment. Fla.Stat. § 674.105(4) & (5); see, e.g., Southern Cotton Oil Company v....

...es. The critical question is whether MSB was a collecting bank or a payor bank under the UCC. Unlike a collecting bank, which merely handles an item for collection, a payor bank is "a bank by which an item is payable as drawn or accepted." Fla.Stat. § 674.105(2)....

...From the testimony and exhibits produced at trial, the Court concludes that the second bill was never accepted. Since MSB never accepted the second bill, it could be a payor bank only if it was a bank by which the draft was "payable as drawn." Comment 2 to § 674.105 indicates that a payor bank includes a drawee bank....

...Bank M did not owe a duty to use ordinary care in sending notice of dishonor under § 674.202 because this section only applies to collecting banks. With respect to these checks, Bank M was the depositary and payor bank, but it was not a collecting bank. See Fla.Stat.Ann. § 674.105 (defining payor bank, depositary bank, and collecting bank)....

...tice in modern banking [13] . See PX44 at ¶ 5-7; Test. of B. Clark, Dec. 12, at 140:13-142:23, 143:14-148:23. Inasmuch as an item sent to a bank for collection is not presented to the bank for payment, by operation of the definitional provisions of section 674.105, Florida Statutes, a bank receiving a check for collection is not a payor bank, but rather a collecting bank....

...Florida Statutes section 674.201(1) provides that a collecting bank for an item is an agent of the owner of the item until settlement becomes final. Banque Francaise was clearly both the depositary bank [18] and the collecting bank for the Check. See § 674.105(2) and (5), Fla....

...of dishonor. [21] The effect of Banque Francaise's delivery of the Check to the City Center branch, rather than to the St. Armands branch at which the Ameriplex account was opened and maintained, is to make the City Center branch a collecting bank. § 674.105(5), Fla....

...See Test. of M. Fosset, Dec. 7 at 88:24 to 89:2. The same testimony was given by Shelia Gray of First Union. See Test. of S. Gray, Dec. 11, at 160:8-13. [18] While there was no evidence that Banque Francaise accepted the Check for deposit, Florida Statutes section 674.105(2) defines the "depositary bank" as the first bank to "take" the Check....

...[2] Some treatises would describe First Florida as the "drawee bank." B. Clark, The Law of Bank Deposits, Collections and Credit Cards para. 5.02[1] (3d ed. 1990). Union Bank is also the "depositary bank" and the "collecting bank" under the Uniform Commercial Code. See § 674.105, Fla....

...These limitations are inapplicable in this case because they are predicated upon the drawee bank's furnishing a statement of account accompanied by the items paid. Lawrence v. Central Plaza Bank and Trust Co., 469 So.2d 201 (Fla. 2d DCA 1985). Suncoast was merely the depositary and collecting bank. See § 674.105, Fla....

...Bank M did not owe a duty to use ordinary care in sending notice of dishonor under § 674.202 because this section only applies to collecting banks. With respect to these checks, Bank M was the depositary and pay- or bank, but it was not a collecting bank. See Fla.Stat.Ann. § 674.105 (defining payor bank, depositary bank, and collecting bank)....

...THOMPSON and BARFIELD, JJ., concur. . “Payor bank” means a bank by which an item is payable as drawn or accepted. Section 674.-105(2), Florida Statutes (1981). . "Collecting bank” means any bank handling the item for collection except the payor bank. Section 674.105(4), Florida Statutes (1981)....

...These limitations are inapplicable in this case because they are predicated upon the drawee bank’s furnishing a statement of account accompanied by the items paid. Lawrence v. Central Plaza Bank and Trust Co., 469 So.2d 201 (Fla. 2d DCA 1985). Suncoast was merely the depositary and collecting bank. See § 674.105, Fla....