SEA MANAGEMENT SERVICE, LTD., a Bermuda Entity, Appellant,
v.
CLUB SEA, Inc., a Florida Corp., Etc., Appellees.
District Court of Appeal of Florida, Third District.
Kelly, Black, Black, Byrne & Beasley and Lauri Waldman Ross, Miami, for appellant.
Mitchell, Harris, Horr and James N. Hurley, Kantor & Sapurstein and Bertram Sapurstein, Miami, for appellees.
Before SCHWARTZ, C.J., and NESBITT and DANIEL S. PEARSON, JJ.
*1026 PER CURIAM.
We reverse the trial court's order granting Universal National Bank's motion for strict interpleader, pursuant to Florida Rule of Civil Procedure 1.240, which effectively released Universal National Bank (Universal) from liability to Sea Management Service, Ltd. (SMS).
As SMS correctly points out, interpleader is not appropriate unless four conditions are satisfied:
(1) the claims must be dependent or have a common origin; (2) the same thing, debt (or duty) or stake must be claimed by the defendants; (3) the plaintiff must have no interest in the subject matter that is, in strict interpleader as distinguished from a suit in the nature of interpleader; and (4) the plaintiff must be in a position of indifference, having incurred no independent liability to either of the claimants, but must stand indifferent between them merely as a stakeholder, and it must appear that no act on his part has caused the embarrassment of conflicting claims and the peril of double vexation.
Treasure Cay, Ltd. v. General Mica Corp.,
Universal contends that the trial court correctly granted its motion for interpleader because it owed no independent liability under the letter of credit, which is the subject of this dispute. The letter of credit provided that Universal would pay funds to SMS only upon SMS's timely demand; demand would be timely if made before either April 18, 1987, or an earlier termination of the underlying charter-party. Universal claims that because its customer, Club-Sea, Panama, Inc. (Club-Sea) informed it on January 26, 1987, that the charter-party had been terminated, it properly refused to honor the letter of credit when SMS presented it on February 2, 1987. Universal argues that it therefore owed no independent liability under the letter of credit, and the trial court properly granted its motion for interpleader. We disagree.
An issuer of an irrevocable letter of credit owes a contractual obligation to the beneficiary of the letter of credit which is independent of, and unrelated to, the underlying contract between the beneficiary of the letter of credit and its purchaser. Braun v. Intercontinental Bank,
Since Universal breached a contractual duty owed directly to SMS, it cannot *1027 be considered a disinterested party owing no independent liability to any claimant. Consequently, it did not satisfy the conditions necessary to establish its entitlement to interpleader relief. See Dallas Bank & Trust Co. v. Commonwealth Dev. Corp.,
