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The 2025 Florida Statutes
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F.S. 673.4181673.4181 Payment or acceptance by mistake.—(1) Except as provided in subsection (3), if the drawee of a draft pays or accepts the draft and the drawee acted on the mistaken belief that payment of the draft had not been stopped pursuant to s. 674.403 or that the signature of the drawer of the draft was authorized, the drawee may recover the amount of the draft from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. Rights of the drawee under this subsection are not affected by failure of the drawee to exercise ordinary care in paying or accepting the draft. (2) Except as provided in subsection (3), if an instrument has been paid or accepted by mistake and the case is not covered by subsection (1), the person paying or accepting may, to the extent permitted by the law governing mistake and restitution, recover the payment from the person to whom or for whose benefit payment was made or, in the case of acceptance, may revoke the acceptance. (3) The remedies provided by subsection (1) or subsection (2) may not be asserted against a person who took the instrument in good faith and for value or who in good faith changed position in reliance on the payment or acceptance. This subsection does not limit remedies provided by s. 673.4171 or s. 674.407. (4) Notwithstanding s. 674.215, if an instrument is paid or accepted by mistake and the payor or acceptor recovers payment or revokes acceptance under subsection (1) or subsection (2), the instrument is deemed not to have been paid or accepted and is treated as dishonored, and the person from whom payment is recovered has rights as a person entitled to enforce the dishonored instrument. History.—s. 2, ch. 92-82.
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Annotations, Discussions, Cases:
Cases Citing Statute 673.4181
Total Results: 8
81 So. 3d 553, 2012 WL 511288, 2012 Fla. App. LEXIS 2452
District Court of Appeal of Florida | Filed: Feb 17, 2012 | Docket: 2413680
Cited 8 times | Published
accepted a draft by mistake as described in section 673.4181. § 673.3011, Fla. Stat.
[2] The record contains
449 B.R. 584, 2011 WL 1883031
United States Bankruptcy Court, M.D. Florida | Filed: May 17, 2011 | Docket: 168186
Cited 3 times | Published
instrument pursuant to Section 673.3091 or Section 673.4181.
A person may be a person entitled to enforce
215 So. 3d 633, 2017 WL 1278071, 2017 Fla. App. LEXIS 4632
District Court of Appeal of Florida | Filed: Apr 5, 2017 | Docket: 60264862
Cited 1 times | Published
instrument pursuant to s[ection] 673.3091 or section] 673.4181(4). A holder is [t]he person in possession
157 So. 3d 355, 2015 Fla. App. LEXIS 725, 2015 WL 248651
District Court of Appeal of Florida | Filed: Jan 21, 2015 | Docket: 2626285
Cited 1 times | Published
instrument pursuant to s[ection] 673.3091 or section] 673.4181(4).” § 673.3011, Fla. Stat. (2013). A “holder”
248 So. 3d 237
District Court of Appeal of Florida | Filed: May 21, 2018 | Docket: 7000940
Published
entitled to enforce under section 673.3091 or section
673.4181(4), Florida Statutes. § 673.3011, Fla. Stat
238 So. 3d 365
District Court of Appeal of Florida | Filed: Dec 13, 2017 | Docket: 6240850
Published
pursuant to Florida Statute §673.3091 or Florida Statute
§673.4181(4), at the time the lawsuit was filed
208 So. 3d 1241, 91 U.C.C. Rep. Serv. 2d (West) 859, 2017 WL 361944, 2017 Fla. App. LEXIS 718
District Court of Appeal of Florida | Filed: Jan 25, 2017 | Docket: 4573216
Published
Florida’s version of the Uniform Commercial Code, section 673.4181, titled “Payment or acceptance by mistake
473 B.R. 823, 23 Fla. L. Weekly Fed. B 380, 2012 WL 1893634, 2012 Bankr. LEXIS 2350
United States Bankruptcy Court, M.D. Florida | Filed: May 16, 2012 | Docket: 65784010
Published
enforce the instrument pursuant to § 673.3091 or § 673.4181(4).
“Holder” is defined as “[t]he person in possession
