District Court of Appeal of Florida

Summary judgment for plaintiff-bank on a claim seeking recovery for breach of a transfer warranty under the Uniform Commercial Code against an attorney who held an account with plaintiff is affirmed in part since defendant was responsible to the bank for the amount of an altered check, and reversed in part for consideration of an affirmative defense that the bank failed to exercise ordinary care in paying or taking the check.

Appellate Information

• Decided 04/05/2006
• Published 04/05/2006

Judges

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Sean P. Sheppard of Scott & Sheppard, P.A., St. Augustine, for appellant.


• For Appellees:
  
• Jeremy J. Hart, Barbara Viniegra, and Gregor J. Schwinghammer, Jr. of Gunster Yoakley & Stewart, P.A., Miami, for appellee.