CopyCited 12 times | Published | Florida 1st District Court of Appeal | 21 U.C.C. Rep. Serv. (West) 183
...or later as a cut-off hour for the handling of money and items and the making of entries on its books. "(2) Any item ... received on any day after a cut-off hour so fixed or after the close of the banking day may be treated as being received at the opening of the next banking day." Sec. 674.202(2), F.S....
...The issue was narrowed in pretrial conferences to one question: was Lewis an "intermediary collecting bank" in its relationship to Capital City and Florida State, so that delivery of the check to Lewis from clearings on June 20 imposed only the obligation to present the check the following day, § 674.202(2), F.S....
...For it would show Lewis as a collecting bank Lewis' own characterization of itself which received the check June 20 but did not perform its statutory duty to present or send the check for presentment "before its midnight deadline following receipt of an item," i.e., by midnight June 21. Secs. 674.202, .204, F.S....
CopyCited 9 times | Published | District Court, M.D. Florida | 1985 U.S. Dist. LEXIS 18147
...Therefore, the Court concludes that MSB failed to perform its duties with respect to the collection of the first bill of exchange. If the bill is not a documentary draft, MSB's conduct should be measured by the requirements for a collecting bank under § 674.202(2)....
...Under that section, MSB in this case has the burden of establishing that it acted seasonably; it has failed to carry that burden. See Pandol Bros., Inc. *118 v. NCNB National Bank of Florida,
450 So.2d 592 (Fla. 4th DCA 1984). Furthermore, MSB failed to exercise ordinary care in its handling of the bill. See Fla.Stat. §
674.202(2)....
CopyCited 8 times | Published | Florida 3rd District Court of Appeal | 34 U.C.C. Rep. Serv. (West) 228, 1982 Fla. App. LEXIS 19811
...In his answer below, *213 Ratner pled as an affirmative defense that Central Bank had by its actions either waived its rights or was estopped to assert its claims. We find no legal basis for Ratner's assertion on appeal that breach by Central of its statutory duty of ordinary care pursuant to Section 674.202, Florida Statutes (1979), estops Central from asserting its claim against Ratner. Nor is Section 674.202, supra, a defense to the bank's right to charge-back....
...eo Corner's account because the trial court failed to determine whether Central Bank satisfied the pre-conditions of Section 674.212, [2] supra, or whether the parties effectively varied the notice requirement pursuant to Sections
674.103(1) [3] and
674.202, Florida Statutes (1979)....
CopyCited 6 times | Published | Court of Appeals for the Eleventh Circuit | 29 U.C.C. Rep. Serv. 2d (West) 905, 1996 U.S. App. LEXIS 11189
...Code ("UCC"). 5 Bufman first claims that, as a collecting bank, Bank M had a duty to use ordinary care in sending notice of dishonor of the checks, and that the bank breached that duty by failing to send timely notice of dishonor. See Fla.Stat.Ann. § 674.202(1)(b) (1993) (requiring a collecting bank to use ordinary care in sending notice of dishonor); U.C.C....
...bank failed to pay the checks or give him notice of dishonor. See Fla.Stat.Ann. §
674.302(1)(a) (1993); U.C.C. § 4-302 (1990). 32 Bufman's first claim is meritless. 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....
CopyCited 5 times | Published | District Court, S.D. Florida | 48 U.C.C. Rep. Serv. 2d (West) 232, 2002 U.S. Dist. LEXIS 12962, 2002 WL 1473458
...A collecting bank is not subject to section
674.302's midnight deadline and strict accountability rule *1376 which applies only to payor banks [22] Collecting banks have obligations to transmitting banks and the payees of items, but that obligation is found in section
674.202, Florida Statutes: A collecting bank must exercise ordinary care in: (a) Presenting an item or sending it for presentment; (b) Sending notice of dishonor or nonpayment or returning an item other than a documentary draft to the bank's...
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 38 U.C.C. Rep. Serv. (West) 944
...." Thus, the general rule does not apply in the case of negligent notification. Further, where notification occurs within a reasonably longer time rather than before its midnight deadline, the collecting bank has the burden of establishing that the time is reasonable. § 674.202(2), Fla....
CopyCited 1 times | Published | Florida 1st District Court of Appeal
...within the province of this court to usurp the function of the jury or substitute our judgment for that of the triers of the facts. The majority opinion is premised upon a contrary concept of the law. I would affirm the judgment appealed. NOTES [1] § 674.202(1)(a), F.S....
CopyPublished | Supreme Court of Florida | 41 Fla. L. Weekly Supp. 387, 2016 Fla. LEXIS 2044, 2016 WL 4945053
...er facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank; and (b) The bank exercises such diligence as the circumstances require.”); see generally § 674.202, Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
...(“UCC”). 5 Buf-man first claims that, as a collecting bank, Bank M had a duty to use ordinary care in sending notice of dishonor of the checks, and that the bank breached that duty by failing to send timely notice of dishonor. See Fla. StatAnn. § 674.202(1)(b) (1993) (requiring a collecting bank to use ordinary care in sending notice of dishonor); U.C.C....
...bank failed to pay the checks or give him notice of dishonor. See Fla.Stat. Ann. §
674.302(1)(a) (1993); U.C.C. § 4-302 (1990). Bufman’s first claim is meritless. 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....
