CopyCited 9 times | Published | Florida 3rd District Court of Appeal | 1988 WL 120878
...[2] For a discussion on the considerable burden placed on the plaintiff in a malicious prosecution action, see W. Prosser Laws of Torts § 119 (4th ed. 1971). Because we find that Light failed to prove an absence of probable cause, we need not reach Thomson's claim of statutory immunity pursuant to section 832.07, Florida Statutes (1985).
CopyCited 5 times | Published | Florida 1st District Court of Appeal | 13 Fla. L. Weekly 632, 1988 Fla. App. LEXIS 1063, 1988 WL 20579
...punitive damages. The only evidence is that Winn-Dixie attempted to contact Gazelle four times at the address on his check cashing card without success. It sent him a notice by certified mail at the address on his check cashing card as authorized in § 832.07, Fla. Stat., and attempted to comply with the provisions of that law. It received no acknowledgment or reply to the certified letter but § 832.07 provides that a notice complying with the law is deemed equivalent to notice having been received by the maker, whether such notice shall be returned undelivered or not....
CopyCited 4 times | Published | Florida 4th District Court of Appeal | 1997 WL 362847
...We have for review a final summary judgment entered by the trial court in favor of *494 the appellee-seller on her two count complaint alleging (1) breach of a real estate contract, and (2) tender of a worthless check in violation of Florida Statutes section 832.07....
CopyPublished | District Court of Appeal of Florida | 10 Fla. L. Weekly 2132, 1985 Fla. App. LEXIS 15854
...Gazelle was then arrested and incarcerated in the county jail on worthless check charges, which were later dropped. He sued Winn-Dixie for malicious prosecution, false arrest and negligence. Winn-Dixie moved for summary judgment, alleging that, because the third letter to Gazelle conformed to the notice requirements of Section 832.07(l)(a), Florida Statutes (1981), it was immune from civil liability. The trial court granted the motion. Section 832.07(l)(a) provides that the issuance of a check which is returned for insufficient funds is prima facie evidence of intent to defraud unless the issuer pays the amount of the check plus a service charge to the holder within seven days of receiving notice that the check was not paid....
...Winn-Dixie argues that its placement of the check-cashing card number on the checks is the equivalent of obtaining an address at issuance, because the number incorporates by reference the address given on the card application form. As authority for this contention, it refers us to Section 832.07(2)(c) which, for the purposes of proving the identity of the issuer, allows the recipient of the check to use the number instead of writing out such information as name, address, phone number, etc....
...This language is clear and unequivocal, and we cannot go outside it in search of a different meaning. Vocelle v. Knight Bros. Paper Co.,
118 So.2d 664 (Fla. 1st DCA 1960). Therefore, because the notice given by Winn-Dixie does not substantially comply with Section
832.07(l)(a), the immunity provided by that statute does not attach and the trial court erred in granting summary judgment on that ground....
CopyPublished | Florida 1st District Court of Appeal | 1986 Fla. App. LEXIS 9987, 11 Fla. L. Weekly 2091
...In appellant’s initial case before us, Goings v. West Florida Hospital, 461 So.2d *1255 979 (Fla. 1st DCA 1984), this Court reversed a final order dismissing appellant’s complaint against the hospital on the ground that the immunity from civil liability provided under section 832.07(l)(a), Florida Statutes (1983) (which is granted to any party who holds a worthless check and gives notice in a substantially similar form to that provided in the statute), was not available to the hospital since appellant’s complain...
...e undisputed evidence shows that it had adequate probable cause to request prosecution of appellant under the circumstances alleged in the complaint. Although there is no dispute over the fact that the hospital complied with the notice provisions of section 832.07, disputed questions of fact relating to the probable cause issue which are sufficient to defeat a motion for summary judgment abound within the complaint filed by appellant and the affidavits and depositions filed by the parties....
...on of fact exists as to whether the hospital turned over all available information to the state attorney’s office in pursuing criminal prosecution of appellant and thereby, as this Court held, was unable to avail itself of the immunity afforded by section 832.07. Other disputed questions of fact exist as to the hospital’s knowledge of appellant’s attempt to redeem her dishonored check by immediately sending payment upon receipt of her 832.07 notice from the hospital....
CopyPublished | District Court of Appeal of Florida | 1983 Fla. App. LEXIS 24416
...eventually dropped. Subsequently, the Garcias brought the present' action for malicious prosecution against Scientific Products. From a final judgment awarding the plaintiff compensatory and punitive damages, Scientific Products appeals. We reverse. Section 832.07(l)(a), Florida Statutes (1979) provides a method by which one who receives a worthless check may attempt to collect payment....
...*1020 Even in the absence of statutory immunity, we find that the plaintiff has not shown that the defendant was responsible for instituting or instigating the criminal prosecution as is required in an action for malicious prosecution. Ward v. Allen,
152 Fla. 82 ,
11 So.2d 193 (1942). The defendant in accordance with section
832.07(l)(a) turned over the information to the state attorney....
CopyPublished | Florida 5th District Court of Appeal | 1979 Fla. App. LEXIS 14286
Chapter the State would have had the advantage of §
832.07 which might well have provided a presumption or
CopyPublished | District Court of Appeal of Florida | 1978 Fla. App. LEXIS 15954
...He was adjudged guilty and *487 sentenced to 75 days in jail. He complains on appeal that the trial court erred in denying his motion to dismiss inasmuch as he made the check good within 20 days of receiving written notice, that the check has not been paid, pursuant to Section 832.07, Florida Statutes (1975). The appellant argues that Section 832.07, Florida Statutes (1975), was enacted to give an individual 20 days to correct an overdraft and thereby avoid criminal prosecution....
...sal of charges. This subsection makes it very clear that the criminal act is complete when the maker draws a check knowing at the time of such drawing that he does not have sufficient funds on deposit to pay the check when it is presented. Secondly, Section 832.07, Florida Statutes (1975), is entitled “prima facie evidence of intent . . . ” and provides in pertinent part: 832.07 Prima facie evidence of intent; identity.— “(1) INTENT.— “(a) In any prosecution or action under this chapter, the making, drawing, uttering, or delivery of a check, draft, or order, payment of which is refused by the drawee because of...
...The court’s rationale was that this statutory defense gave a third party control over whether a passer of bad checks was convicted and that the defense caused the statute to be merely a collection device for creditors rather than a criminal statute. Therefore, we hold that Section 832.07, Florida Statutes (1975), sets forth the elements necessary to establish prima facie intent....
CopyPublished | District Court of Appeal of Florida | 1984 Fla. App. LEXIS 11495
...Appellant argues that his motion for judgment of acquittal at the close of the state’s case should have been granted because the state failed to prove that appellant knew the check was worthless and that he had the intent to defraud Mrs. Fagg or the Quincy Bank. Statutory presumptions override appellant’s position. Section 832.07(l)(a) provides, in part: In any prosecution or action under this chapter, the making ......
...payment of which is refused by the drawee because of lack of funds or credit, shall be prima facie evidence of intent to defraud .... Contrary to appellant’s contention, we hold that the phrase “to cash or deposit” as used in section
832.05(3)(a) is encompassed within the meaning of the term “delivery” in section
832.07....
CopyPublished | District Court of Appeal of Florida | 1991 Fla. App. LEXIS 270, 1991 WL 3591
...could not be held personally liable. Following a nonjury trial, the trial court found that Cornell knew that the account would be closed on June 24, 1988, and that he allowed the checks to be issued in spite of that knowledge. The court then applied section 832.07(1)(b), Florida Statutes (1987), which provides that an intent to defraud can be presumed where a check is drawn on a closed account. Having found that fraud existed through the application of the presumption in section 832.07(1)(b), the trial court found Tourismart of America v....
...However, the Third District held that the trial court improperly dismissed Touris-mart’s claims for conversion and fraud because Gonzalez could be held individually liable for such tortious activity. Cornell first argues, citing Tourismart, that the trial court erred in applying section 832.07(l)(b), because chapter 832 is a criminal statute which makes no provision for civil recovery....
CopyPublished | Florida 2nd District Court of Appeal | 2000 Fla. App. LEXIS 15899, 2000 WL 1781683
...Berry,
358 So.2d 545, 546 (Fla.1978) (construing section
832.05(3), Florida Statutes (1975), which is renumbered as section
832.05(4)(a), Florida Statutes (1997)). This intent requirement is distinguished from the intent to defraud, which is not an element of the crime. Id. Section
832.07, Florida Statutes (1997), provides that the delivery of a worthless check constitutes prima facie evidence of knowledge of insufficient funds under chapter 832. In this case, the State presented prima facie evidence of knowledge under section
832.07. However, Miranda rebutted the prima facie showing of knowledge under section
832.07 with the bank representative’s testimony as to the avail *1197 able funds in Securities’ bank account the day after the check was presented....
...ion after he delivered the check for September’s rent. While it is clear that someone withdrew money from the account, Miranda was not the only person with access to the account. Because Miranda rebutted the prima facie evidence of knowledge under section
832.07 and the State did not establish knowledge under section
832.05(7), we conclude that Miranda’s conviction is not supported by the evidence....
CopyPublished | Florida 4th District Court of Appeal
...funds or credit,
the prevailing party in such action shall be entitled to
recover from the non-prevailing party the prevailing
party’s reasonable attorney fees and costs of collection.
Ch. 79-345, § 2, Laws of Fla. (codified at §
832.07, Fla. Stat. (1979))
(emphasis added).
However, under the 1986 amendments to both section
68.065 and
section
832.07, only the maker or drawer of a check is made liable for
court costs and reasonable attorney fees incurred by the payee in taking
the recovering action....
...the payment of which was refused by the drawee
because of the lack of funds, . . . [t]he maker or drawer shall also be liable
for any court costs and reasonable attorney fees incurred by the payee in
taking the action.”); see also Ch. 86-89, § 2, Laws of Fla. (codified at §
832.07(1)(a), Fla....
CopyPublished | District Court of Appeal of Florida | 9 Fla. L. Weekly 2601, 1984 Fla. App. LEXIS 16278
...IELD, Judge. Paula Vann Goings appeals from a final order dismissing her complaint against West Florida Hospital. Appellant alleges that the trial court erred in granting the Hospital’s motion to dismiss based upon the trial court’s finding that section 832.07, Florida Statutes (1983) grants immunity from civil liability to West Florida Hospital....
...The Hospital had referred the matter to the state attorney’s office for appropriate action after it had twice deposited the check for collection and the savings association had twice refused payment thereon, returning the check to the Hospital marked “insufficient funds.” Section 832.07(l)(a), Florida Statutes (1983), provides that the making of a worthless check is prima facie evidence of the intent to defraud or knowledge of insufficient funds to cover the check unless the maker shall have paid the holder thereof th...
CopyPublished | Florida 4th District Court of Appeal
.... companies, the drawers thereof, which checks
are dated as listed in the amounts listed, made payable to the
companies listed, drawn on the listed banks, bearing the
drawer’s signature as shown, which are all forged or
1See § 832.07, Fla. Stat. (2009). Chapter 832, Florida Statutes covers “Violations
Involving Checks and Drafts.” Section 832.07(2)(a) creates a procedure that
establishes “prima facie evidence of identity” “[i]n any prosecution or action under
the provisions of this chapter,” i.e. for Chapter 832 prosecutions. Edwards was
arrested on a forgery charge under Chapter 831, Florida Statutes (2009), so the
section 832.07(2)(a) presumption did not apply.
-3-
counterfeit checks....
...See Abernathy v.
Dover, 228 S.E.2d 359 (Ga. Ct. App. 1976); Corbett v. Walgreen Co., No.
7:14-CV-17(MTT),
2015 WL 1412746, at *4 (M.D. Ga. Mar. 27, 2015);
Bundy v. Best Prods. Co.,
843 F.2d 1386 (table),
1988 WL 30672, at *1-*2
(4th Cir. 1988). Under Section
832.07, Florida Statutes (2009), which
applies only to Chapter 832 offenses, similar evidence is sufficient to
establish prima facie evidence of intent and identity in worthless check
cases....
CopyAgo (Fla. Att'y Gen. 1976).
Published | Florida Attorney General Reports
service fee to the amount due. AS TO QUESTION 2: Section
832.07(1)(a), F. S., as created by Ch. 75-189, Laws
