PAN AMERICAN BANK OF ORLANDO, APPELLANT,
v.
ANNE J. YANOW, ETC., ET AL., APPELLEES
PAN AMERICAN BANK OF ORLANDO, APPELLANT,
ANNE J. YANOW, ETC., ET AL., APPELLEES
372 So. 2d 1126
Florida District Court of Appeal, Fourth District (1979)
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Cited by 15 cases
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Opinion of the Court
PER CURIAM.
AFFIRMED.
BERANEK, J., and JOHNSON, TOM, Associate Judge, concur. ANSTEAD, J., concurs specially with opinion.
Concurrence
ANSTEAD, Judge,
concurring specially:
This is an appeal from a final judgment in favor of appellee and against the appellant as a result of appellant’s payment on a check upon which the endorsement of appellee, the payee of the check, had been forged. In an attempt to limit its liability, the appellant presented evidence that it had acted “in good faith and in accordance with the reasonable commercial standards applicable” as provided in Section 673.419(3), Florida Statutes (1977). Unlike the case of Barnett Bank of Miami Beach v. Lipp, 364 So. 2d 28 (Fla.3d DCA 1978), the appellant did present expert testimony establishing “reasonable commercial standards.” However, the statute also requires a finding of good faith and although a close question is presented, I believe there is sufficient evidence to support the trial court’s conclusion that the circumstances surrounding the transaction established that the bank did not act in good faith and in accordance with reasonable commercial standards so as to limit its liability.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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State v. del Gaudio, 445 So. 2d 605 (Fla. 3d DCA 1984)…ock, 551 F. 2d 1377 (5th Cir.1977). Dismissal of an information or indictment is “an action of such magnitude that resort to such a sanction should only be had when no viable alternative exists.” State v. Lowe, 398 So. 2d at 963. See State v. King, 372 So. 2d 1126 (Fla. 2d DCA 1979), cert. denied, 385 So. 2d 758 (Fla.1980). Accord, United States v. Campagnuolo, 592 F. 2d 852, 865 (5th Cir.1979) (“The supervisory powers of a district judge ... allow him to impose the extreme sanction of dismissal of an indictm…1 / 3
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State v. Perez, 383 So. 2d 923 (Fla. 2d DCA 1980)…find that the granting of the motion to dismiss as to these five defendants was an abuse of discretion. Dismissal is an extreme sanction which should be imposed only when less severe sanctions would not accomplish the desired result. State v. King, 372 So. 2d 1126 (Fla. 2d DCA 1979). Although the waiver of speedy trial time does not excuse the state’s discovery violations, it does prevent these five defendants from showing sufficient prejudice to justify the dismissal. Since Avila, Serrano, Perez, Escorcia an…
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Jackson Vitrified China Co. v. People's Am. Nat'l Bank OF N. Miami, 388 So. 2d 1059 (Fla. 3d DCA 1980)…the applicability of the subsection (3) defense to facts such as those sub judice has been assumed, without challenge, until now. See FDIC v. Marine National Bank of Jacksonville, 431 F. 2d 341 (5th Cir. 1979); Pan American Bank of Orlando v. Yanow, 372 So. 2d 1126 (Fla. 4th DCA 1979); Dade County v. Florida Mining and Material Corp., 364 So. 2d 31 (Fla.3d DCA 1978); Siegel Trading Co., Inc. v. Coral Ridge National Bank, 328 So. 2d 476 (Fla. 4th DCA 1976); Keane v. Pan American Bank, 309 So. 2d 579 (Fla.2d DCA…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Barnett Bank OF Miami Beach, N.A. v. Jules Lipp, 364 So. 2d 28 (Fla. 3d DCA 1978)