118 So. 3d 251
Fla. Dist. Ct. App.2013Background
- Regions Bank and InterAmerican Car Rental, Inc. arrangement involved financing checks payable to Maroone, with Maroone invoicing InterAmerican for vehicles.
- InterAmerican ceased operations in Sept 2002, leaving Maroone unpaid for financed vehicles; Maroone sued banks for statutory/common-law conversion and negligence over handling of checks.
- Nine financing checks are at issue: some payable to Maroone alone, others payable to InterAmerican and Maroone, not properly endorsed by Maroone.
- Lower court awarded damages for three checks totaling $406,070.85, $25,803.20, and $72,361.65, and awarded prejudgment interest at 9%.
- Court held the banks breached ordinary care in handling checks, but damages for most checks were not supported by evidence, except Peninsula Bank Check No. 7003036078 for $406,070.85.
- Appeals court reversed part of judgment (two single-payee and two-payee checks) and remanded for prejudgment interest calculation consistent with the opinion; affirmed the Peninsula check award and prejudgment interest.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Maroone proved agency/delivery for single-payee checks | Maroone contends InterAmerican acted as its agent delivering checks. | Banks argue no agency or delivery to Maroone was proven. | Lack of agency; single-payee checks fail. |
| Whether damages for non-single-payee checks are supported | Maroone seeks damages for alleged mishandling of multiple checks. | Banks challenge the evidentiary basis for most checks’ damages. | Damages only supported for Peninsula Bank Check No. 7003036078; others reversed. |
| Whether prejudgment interest was correctly calculated | Interest rate should reflect loss from date money was due until judgment. | Interest should be calculated per statutory rate without modification. | Prejudgment interest affirmed; remand to calculate consistent with the opinion using fixed rate per §55.03. |
Key Cases Cited
- City Nat'l Bank of Detroit v. Basic Food Indus., Inc., 520 F.2d 336 (5th Cir. 1975) (apparent authority may arise from principal's conduct; burden on party asserting agency)
- Roessler v. Novak, 858 So.2d 1158 (Fla. 2d DCA 2003) (apparent agency may create liability; burden on proving agency)
- Robbins v. Hess, 659 So.2d 424 (Fla. 1st DCA 1995) (agency relationship must be proven by the plaintiff)
- Izquierdo v. Hialeah Hosp., Inc., 709 So.2d 187 (Fla. 3d DCA 1998) (reasonable reliance on apparent authority required)
- Jackson Hewitt, Inc. v. Kaman, 100 So.3d 19 (Fla. 2d DCA 2011) (apparent authority must be reasonable and identifiable from principal's conduct)
- Saewitz v. Saewitz, 79 So.3d 831 (Fla. 3d DCA 2012) (damages must be proven with reasonable certainty, not speculation)
- Star Fruit Co. v. Eagle Lake Growers, 33 So.2d 858 (Fla. 4th DCA 1948) (damages must be proven with evidence of value)
- U.S.B. Acquisition Co. v. Stamm, 660 So.2d 1075 (Fla. 4th DCA 1995) (prima facie damages require evidence from which the trier can determine loss)
- Genser v. Reef Condo. Ass’n, 100 So.3d 760 (Fla. 4th DCA 2012) (fixed prejudgment interest rate approach under §55.03)
- Argonaut Ins. Co. v. May Plumbing Co., 474 So.2d 212 (Fla. 1985) (prejudgment interest accrues for loss of use from date due)