Florida Statutes
Fla. Stat. § 673.4151 (2025)
Obligation of indorser.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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673.4151 Obligation of indorser.—
(1) Subject to subsections (2), (3), and (4) and to s. 673.4191(4), if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument:
(a) According to the terms of the instrument at the time it was indorsed; or
(b) If the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent stated in ss. 673.1151 and 673.4071.
The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this section.
(2) If an indorsement states that it is made “without recourse” or otherwise disclaims liability of the indorser, the indorser is not liable under subsection (1) to pay the instrument.
(3) If notice of dishonor of an instrument is required by s. 673.5031 and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subsection (1) is discharged.
(4) If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under subsection (1) is discharged.
(5) If an indorser of a check is liable under subsection (1) and the check is not presented for payment, or given to a depositary bank for collection, within 30 days after the day the indorsement was made, the liability of the indorser under subsection (1) is discharged.
Notes of Decisions
Cited in 2
cases (1 in the last 5 years), 2017–2021 · leading case: Wells Fargo Bank, N.A. v. Sheikha, 221 So. 3d 657 (Fla. 4th DCA 2017).
Wells Fargo Bank, N.A. v. Sheikha, 221 So. 3d 657 (Fla. 4th DCA 2017). ““With recourse” means that the indorser is liable to pay the amount due on the instrument pursuant to section 673,4151(1), Florida Statutes (2014), Section 673.4151(2) providés that if "an indorsement states that it is made ‘without recourse’ or otherwise disclaims liability of…”
Regions Bank v. Marvin I. Kaplan (11th Cir. 2021). “” Fla. Stat. § 673.4151 (1)(a). USCA11 Case: 17-15478 Date Filed: 10/19/2021 Page: 32 of 47 32 Opinion of the Court 17-15478 on his counterclaims for negligence and negligent misrepresenta- tion.”
— 673.4151(2) — 1 case
Wells Fargo Bank, N.A. v. Sheikha, 221 So. 3d 657 (Fla. 4th DCA 2017). ““With recourse” means that the indorser is liable to pay the amount due on the instrument pursuant to section 673,4151(1), Florida Statutes (2014), Section 673.4151(2) providés that if "an indorsement states that it is made ‘without recourse’ or otherwise disclaims liability of…”
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