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...

FRAUD IN THE INDUCEMENT: REPRESENTATIONS TO NON-PARTY, ECONOMIC LOSS RULE

Brown v. Chamax, LLC, ___ So. 3d ___, 35 Fla. L. Weekly D2888 (Fla. 2d DCA 12/22/10)

The buyer agreed to purchase undeveloped land from the seller.  During the negotiations that preceded the agreement, the seller’s representatives told the buyer’s owner that the deal being offered to the buyer was as good as the deal given to the purchaser of … Click To Read Full Case Law Review...

Economic Loss Rule: Surveyors; Appeals: Effect of Stipulation for Dismissal With Prejudice

Rocks v. McLaughlin Engineering Co., ___ So. 3d ___, 35 Fla. L. Weekly D2627 (Fla. 4th DCA 12/1/10)

The economic loss rule does not bar an action against a professional, and a land surveyor is a professional for the purposes of the economic loss rule, although a land surveyor is not a professional for the purposes of the statute … Click To Read Full Case Law Review...

Fraud: Civil Theft: Economic Loss Rule: Borrowing Money With The Intention of Not Repaying It.

Walker v. Figarola, ___ So. 3d ___, 35 Fla. L. Weekly D2391 (Fla. 3d DCA 10/27/10)

Borrowing money with the intention of not repaying it constitutes fraud rather than breach of contract. This form of fraud will support an action for civil theft. The economic loss rule would not serve as an impediment to such an action because the … Click To Read Full Case Law Review...