Robert A. Sullivan Const. Co., Inc. v. Wilton Manors Nat. Bank, 73-155

Decision Date15 February 1974
Docket NumberNo. 73-155,73-155
Citation290 So.2d 561
Parties14 UCC Rep.Serv. 745 ROBERT A. SULLIVAN CONSTRUCTION COMPANY, INC., Appellant, v. WILTON MANORS NATIONAL BANK et al., Appellees.
CourtFlorida District Court of Appeals

Vincent Meade, Jr., Fort Lauderdale, for appellant.

J. Patrick Dyal of Rogers, Morris & Ziegler, Fort Lauderdale, for appellee Wilton Manors Nat. Bank.

POULTON, TIMOTHY P., Associate Judge.

This is an appeal from a summary final judgment in favor of the bank. The bank had been sued by appellant upon the theory that the bank had allowed a collection of a check payable to the appellant upon a forged endorsement. Based upon Florida Statute 673.3-419(3) F.S.A. and the ruling in Messeroff v. Kantor, Fla.App.1972, 261 So.2d 553, the trial court entered its judgment.

As we read that statute, it acts to eliminate liability when it might otherwise exist. Hence, it was necessary upon motion for summary judgment for the bank to file appropriate proofs that it had (in the language of the statute) '. . . in good faith and in accordance with the reasonable commercial standards applicable to the business of such representative dealt with an instrument or its proceeds on behalf of one who was not the true owner. . . .' The affidavit of the bank's employee that it paid the forged check 'in the usual course of business' was in our view insufficient.

Reversed and remanded.

WALDEN and CROSS, JJ., concur.

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6 cases
  • Ickes v. Bache Halsey Stuart Shields, Inc.
    • United States
    • Arizona Court of Appeals
    • August 10, 1982
    ...Corp., 612 P.2d 70 (Colo. 1980). See also Continental Bank v. Wa-Ho Truck Brokerage, supra; Robert A. Sullivan Construction Co. v. Wilton Manors National Bank, 290 So.2d 561 (Fla.App.1974); National Bank of Georgia v. Refrigerated Transport Co., 147 Ga.App. 240, 248 S.E.2d 496 (1978); Berkh......
  • Jackson Vitrified China Co. v. People's American Nat. Bank of North Miami
    • United States
    • Florida District Court of Appeals
    • September 16, 1980
    ...476 (Fla. 4th DCA 1976); Keane v. Pan American Bank, 309 So.2d 579 (Fla.2d DCA 1975); Robert A. Sullivan Construction Co., Inc. v. Wilton Manors National Bank, 290 So.2d 561 (Fla. 4th DCA 1974); Messeroff v. Kantor, 261 So.2d 553 (Fla.3d DCA 1972). See generally Murray, Commercial Law, 31 U......
  • Travelers Ins. Co. v. Jefferson Nat. Bank at Kendall
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    • Florida District Court of Appeals
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    ...Siegel Tracking Co., Inc. v. Coral Ridge National Bank, 328 So.2d 476 (Fla. 4th DCA 1976); Robert A. Sullivan Construction Co. v. Wilton Manors National Bank, 290 So.2d 561 (Fla. 4th DCA 1974). This will necessitate more than merely demonstrating that the bank "did not fail to reasonably co......
  • Larkin General Hosp., Ltd. v. Bank of Florida in South Florida
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    • Florida District Court of Appeals
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    ...1978); Siegel Trading Co. v. Coral Ridge National Bank, 328 So.2d 476 (Fla. 4th DCA 1976); Robert A. Sullivan Construction Co. v. Wilton Manors National Bank, 290 So.2d 561 (Fla. 4th DCA 1974). Finally, the same order of dismissal must be affirmed as to all the negligence claims brought aga......
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