Paramount v. Gilbert

District Court of Appeal of Florida

Paramount v. Gilbert

867 So. 2d 642, 2004 Fla. App. LEXIS 3316, 2004 WL 515539

CourtDistrict Court of Appeal of Florida

DecidedMarch 17, 2004

DocketNo. 4D03-1634

StatusPublished

This text of 867 So. 2d 642 (Paramount v. Gilbert) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Paramount v. Gilbert, 867 So. 2d 642, 2004 Fla. App. LEXIS 3316, 2004 WL 515539 (Fla. Ct. App. 2004).

Pincite

Opinion

PER CURIAM.

Pursuant to section 68.065(1), Florida Statutes (2001), appellant Velecta Paramount brought an action against appellee Michael Gilbert, in his individual capacity. Section 68.065(1) applies in “any civil action brought for the purpose of collecting a check.” Appellant’s “civil action” to collect the check was based on section 673.4011(1), Florida Statutes (2001), which creates liability “on an instrument.” The check at issue is an instrument. See § 673.1041(5)-(6), Fla. Stat. (2001). In this case, section 673.4021(3), Florida Statutes (2001) operates to relieve Gilbert of personal liability on the check. See Serna v. Milanese, Inc., 643 So.2d 36, 38 (Fla. 3d DCA 1994). If Gilbert is not liable on the check, section 68.065(1) does not create a separate cause of action which can be the basis of liability.

AFFIRMED.

STONE, GROSS and HAZOURI, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

PER CURIAM.

Pursuant to section 68.065(1), Florida Statutes (2001), appellant Velecta Paramount brought an action against appellee Michael Gilbert, in his individual capacity. Section 68.065(1) applies in “any civil action brought for the purpose of collecting a check.” Appellant’s “civil action” to collect the check was based on section 673.4011(1), Florida Statutes (2001), which creates liability “on an instrument.” The check at issue is an instrument. See § 673.1041(5)-(6), Fla. Stat. (2001). In this case, section 673.4021(3), Florida Statutes (2001) operates to relieve Gilbert of personal liability on the check. See Serna v. Milanese, Inc., 643 So.2d 36, 38 (Fla. 3d DCA 1994). If Gilbert is not liable on the check, section 68.065(1) does not create a separate cause of action which can be the basis of liability.

AFFIRMED.

STONE, GROSS and HAZOURI, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

867 So. 2d 642, 2004 Fla. App. LEXIS 3316, 2004 WL 515539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/paramount-v-gilbert-fladistctapp-2004.

Opinion

Related

Cite This Page — Counsel Stack