Nakhal v. Nations Bank, 796 So. 2d 1281 (Fla. 4th DCA 2001). · Go Syfert
Nakhal v. Nations Bank, 796 So. 2d 1281 (Fla. 4th DCA 2001). Cases Citing This Book View Copy Cite
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Abeer NAKHAL and Omar Ramadan
v.
NATIONS BANK, a national banking association
No. 4D01-796.
District Court of Appeal of Florida, Fourth District.
Oct 17, 2001.
796 So. 2d 1281
William S. Isenberg of Latona & Isen-berg, Fort Lauderdale, for appellants., Frank P. Cuneo, and Juan A. Gonzalez of Liebler, Gonzalez & Portuondo, P.A., Miami, for appellee.
Gross, Klein, Shahood.
Published
PER CURIAM.

Appellants sued appellee Nations Bank over a wire transfer that did not arrive in Damascus, Syria in time for a real estate closing. As a result, appellants forfeited their initial payment of $75,000. Even assuming the existence of an actionable tort not subject to the economic loss rule, the lost deposit damages were precluded by paragraph four of the wire transfer agreement with the bank which provided that “[i]n no event shall the Bank be liable for special, indirect, or consequential damages, including, without limitation, loss or damage from subsequent wrongful dishonor resulting from Bank’s acts or omissions, except as may otherwise be provided by law.” See generally § 670.305, Fla. Stat. (2000); U.C.C. Official Comments to section 670.305, Florida Statutes (2000).

AFFIRMED.

KLEIN, SHAHOOD and GROSS, JJ., concur.