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...

REAL ESTATE: BANKING: ARBITRATION: THRESHOLD ISSUES: DETERMINATION BY COURT; APPEALS: REMAND REQUIRED BECAUSE MINIMALIST ORDER PRECLUDED APPELLATE REVIEW

Palmcrest Homes of Tampa Bay, LLC v. Bank of America, ___So. 3d ___, 36 Fla. L. Weekly D1774 (Fla. 2d DCA August 12, 2011)

Bank of America issued a line of credit to CTS which, in turn, issued a line of credit to Palmcrest for the purpose of developing real estate. When Palmcrest outgrew the line from CTS, it applied … Click To Read Full Case Law Review...

REAL ESTATE: BANKING: ARBITRATION: WAIVER: UNCONSCIONABILITY: NONPARTY: CIVIL PROCEDURE: INTERVENTION: FILL-IN-THE-BLANK FORM ORDER

Palmcrest Homes of Tampa Bay, LLC v. Bank of America, N.A., ___ So. 3d ___, 36 Fla. L. Weekly D1136 (Fla. 2d DCA 5/27/11)

Alex and his friend formed Palmcrest to “develop land and construct single and multifamily family residences.” CTS, which was controlled by Alex’s father, Chris, extended a line of credit to Palmcrest. Palmcrest obtained a second line … Click To Read Full Case Law Review...