REPUBLIC NATIONAL BANK OF MIAMI, N.A., A NATIONAL BANKING ASSOCIATION, APPELLANT,
v.
JOAQUIN C. ROCA, ETC., APPELLEE
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Republic National Bank appeals a judgment favoring Joaquin Roca in a dispute over a letter of guaranty issued to release imported jewelry prior to draft acceptance. The court reverses, holding that the trial court arbitrarily rejected unrebutted expert testimony establishing that such guaranties are standard banking practice and authorize the bank's debit of the customer's account.
The trial court erred in arbitrarily rejecting unrebutted expert testimony. Where testimony is not inherently illegal, contrary to natural law, inherently improbable, unreasonable, opposed to common knowledge, or inconsistent with other evidence, it should be accepted as proof. The expert testimony established that such guaranties customarily substitute for drafts and serve to protect the bank, thereby authorizing the debit.
[1] A trial court errs when it arbitrarily rejects unrebutted expert testimony.
[2] Unrebutted expert testimony should not be disregarded if it is not illegal, contrary to natural laws, inherently improbable, unreasonable, opposed to common knowledge, or…
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Join FLexlaw to unlock all legal intelligence“A trial court cannot arbitrarily reject unrebutted testimony.”
Establishes the fundamental legal principle governing the appellate standard of review for trial court rejection of evidence.
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Join FLexlaw to unlock all legal intelligenceCibeles Jewelry Group contracted to purchase jewelry from a Spanish merchandiser under a 90-day draft arrangement. When the shipment arrived in Miami …
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PER CURIAM.
Republic National Bank appeals from a final judgment entered in favor of Joaquin Roca as director/trustee of Cibeles Jewelry Group, Inc., a dissolved Florida corporation. We reverse.
The underlying dispute giving rise to this appeal involved an international sales transaction between a Spanish jewelry merchandiser and Cibeles. Cibeles contracted to purchase jewelry from the merchandiser in Spain. The sales contract provided that the jewelry would be flown to Miami and that, prior to obtaining the jewelry from the carrier, Cibeles would sign a 90-day draft drawn by the Spanish merchandiser. Upon receipt of the accepted draft, Republic would release the shipping documents to its customer, Cibeles, which would then present the documents to the carrier in exchange for the jewelry.
The shipment of jewelry, however, arrived in Miami while the draft and shipping documents were en route to Republic. Because Roca desired to pick up the jewelry immediately, Republic issued a letter of guaranty which Roca signed, agreeing to “accept all responsibility for the issuance of this guaranty.” Roca presented the letter to the carrier and obtained the jewelry but subsequently declined to accept the draft, claiming partial nonconformance of goods. Upon threat of suit from the merchandiser’s bank in Spain, Republic paid the balance owed to the merchandiser’s bank and debited Cibeles’s account.
Roca sued Republic for, inter alia, breach of deposit agreement. Republic raised as an affirmative defense that the debit was authorized under the terms of the guaranty. The trial court excluded expert testimony proffered by Republic to show that it was local banking practice to issue letters of guaranty in international sales transactions and that Republic properly relied on the terms of the guaranty to debit its cus tomer’s checking account. Final judgment was entered in favor of Roca.
We reversed the trial court’s order on final judgment and remanded with directions for the trial court to receive the expert testimony which was intended to elucidate the meaning of the ambiguous phrase concerning responsibility. Roca v. Republic Nat'l Bank, 512 So. 2d 1044 (Fla. 3d DCA 1987). Upon remand, the trial court heard unrebutted expert testimony establishing that such guaranties customarily substitute for drafts and shipping documents aiyl serve to protect the bank against claims that might arise from its authorizing goods to be released prior to obtaining acceptance of the accompanying draft. For reasons not apparent to this court, the trial court rejected the uncontro-verted evidence and again entered judgment for Roca.
A trial court cannot arbitrarily reject unrebutted testimony. In re Estate of Hannon, 447 So. 2d 1027 (Fla. 4th DCA 1984); see also Ackerly Comm., Inc. v. City of West Palm Beach, 427 So. 2d 245 (Fla. 4th DCA 1983). Where the testimony adduced is not “essentially illegal, contrary to natural laws, inherently improbable or unreasonable, opposed to common knowledge, or inconsistent with other circumstances in evidence,” Laragione v. Hagan, 195 So. 2d 246 (Fla.2d DCA), rev’d on other grounds, 205 So. 2d 289 (Fla.1967), it should not be disregarded but accepted as proof of the issue. Florida East Coast Ry. v. Michini, 139 So. 2d 452 (Fla. 2d DCA 1962), cert. discharged, 152 So. 2d 171 (Fla.1963). We hold, therefore, that the trial court erred in entering final judgment in favor of Roca. The final judgment is reversed, and the cause is remanded with directions to enter final judgment for Republic.
Reversed and remanded with directions.
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Reid v. In re Est. OF Edgar Sonder, 63 So. 3d 7 (Fla. 3d DCA 2011)…s of facts (not opinions), cannot be wholly disregarded or arbitrarily rejected even though the witness giving it is an interested party.”); see also Pepper v. Pepper, 66 So. 2d 280, 285 (Fla.1953) (same); Republic Nat’l Bank of Miami, N.A. v. Roca, 534 So. 2d 736, 738 (Fla. 3d DCA 1988) (“A trial court cannot arbitrarily reject unrebutted testimony. In re Estate of Hannon, 447 So. 2d 1027 (Fla. 4th DCA 1984); see also Ackerly Comm., Inc. v. City of W. Palm Beach, 427 So. 2d 245 (Fla. 4th DCA 1983). Where the…
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Joal Wiederhold v. Wiederhold, 696 So. 2d 923 (Fla. 4th DCA 1997)…urt as fact-finder cannot arbitrarily reject unrebutted expert testimony. See, e.g., The Fla. Bar v. Clement, 662 So. 2d 690, 696 (Fla.1995), cert. denied, — U.S. -, 116 S.Ct. 1829, 134 L.Ed.2d 933 (1996); Republic Nat’l Bank of Miami, N.A. v. Roca, 534 So. 2d 736, 736 (Fla. 3d DCA 1988). Although we commend the trial court’s efforts to reduce fees and costs by analyzing the necessity of the work performed, some of the trial court’s comments, as underscored above, suggest to us that it unjustifiably oversimp…
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D.M.L. v. State, 773 So. 2d 1216 (Fla. 3d DCA 2000)…s testimony contrary to what was actually testified.”); State v. G.H., 549 So. 2d 1148, 1149 (Fla. 3d DCA 1989) (trial court not free to reject witness’ materially consistent and uncontroverted testimony); Republic Nat’l Bank of Miami, N.A. v. Roca, 534 So. 2d 736, 738 (Fla. 3d DCA 1988) (“A trial court cannot arbitrarily reject unrebutted testimony.”). Reversed and remanded with directions to discharge respondent. . "Whoever commits such acts as are of a nature to corrupt the public morals, or outrage the…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The Fla. E. Coast Ry. v. Michini, 139 So. 2d 452 (Fla. 2d DCA 1962)
- Hagan v. Fabiano Laragione, 205 So. 2d 289 (Fla. 1967)
- Fabiano Laragione v. Hagan, 195 So. 2d 246 (Fla. 2d DCA 1967)
- Ackerly Commc'ns, Inc. v. City OF W. Palm Beach, 427 So. 2d 245 (Fla. 4th DCA 1983)
- In re the Est. OF Frank J. Hannon, 447 So. 2d 1027 (Fla. 4th DCA 1984)
- Gordon v. Alexander, 152 So. 2d 171 (Fla. 1963)
- Keyes v. Dade Cnty., 152 So. 2d 171 (Fla. 1963)
- Roca v. Republic Nat'l Bank OF Miami, 512 So. 2d 1044 (Fla. 3d DCA 1987)