BANKING: ECONOMIC LOSS RULE: DEPOSITOR STATED CAUSE OF ACTION BY ALLEGING INDEPENDENT TORTS SEPARATE FROM BANK’S WRONGFUL DISBURSEMENT OF FUNDS BASED ON FORGED DOCUMENTS: WAIVER OF JURY TRIAL IN RULES FOR DEPOSIT ACCOUNTS DID NOT APPLY TO INDEPENDENT TORTS

Marian Farms, Inc. v. Suntrust Banks, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D69 (Fla. 5th DCA January 3, 2014)

The bank allowed a dishonest employee of the depositor to make withdrawals from the depositor’s corporate account. The trial court dismissed the depositor’s complaint based upon the economic loss rule.  The appellate court reversed because the depositor … Click To Read Full Case Law Review...

BANKING: ECONOMIC LOSS RULE: DEPOSITOR STATED CAUSE OF ACTION BY ALLEGING INDEPENDENT TORTS SEPARATE FROM BANK’S WRONGFUL DISBURSEMENT OF FUNDS BASED ON FORGED DOCUMENTS: WAIVER OF JURY TRIAL IN RULES FOR DEPOSIT ACCOUNTS DID NOT APPLY TO INDEPENDENT TORTS

Marian Farms, Inc. v. Suntrust Banks, Inc., ___ So. 3d ___, 39 Fla. L. Weekly D69 (Fla. 5th DCA January 3, 2014)

The bank allowed a dishonest employee of the depositor to make withdrawals from the depositor’s corporate account. The trial court dismissed the depositor’s complaint based upon the economic loss rule.  The appellate court reversed because the depositor … Click To Read Full Case Law Review...