Florida/Georgia Personal Injury & Workers Compensation

...trument agreeing not to sue or otherwise renouncing rights against the party obligated to pay the instrument by a signed writing. See § 673.6041(1)(b), Fla. Stat. (1997). Finally, in addition to the specific discharge provisions of article 3, under section 673.6011(1), the obligation of a party to pay an instrument may be "discharged ......

...Family Bank of Hallandale, 667 So.2d 257, 259 (Fla. 1st DCA 1995); First New England Fin. Corp. v. Woffard, 421 So.2d 590, 595 (Fla. 5th DCA 1982); discharge of an instrument by an assignor is not effective against a holder in due course without notice of the discharge. See § 673.6011(2), Fla....

...ay the draft as varied. See § 673.4131(l)(b), Fla. Stat. (2012) (acceptor of draft obligated to pay according to varied terms of draft); see also § 673.4101(3), Fla. Stat. (2012). (holder’s assent to varied terms discharges drawer and indorser); § 673.6011(1), Fla....

...Finally, Appellant’s claim for unjust enrichment fails for three distinct reasons. First, the check was an express contract between the maker and Appellant, the obligations on which are discharged under the Uniform Commercial Code or under simple contract principles. See § 673.6011(1), Fla....

...“the drawee’s signed agreement to pay a draft as presented,” and “[a]cceptance must be written on the draft and may consist of the drawee’s signature alone.” 7 A key term here is “discharge.” Florida Statute § 673.6011 (UCC § 3-601) deals with “discharge and effect of discharge” and provides that “[t]he obliga- tion of a party to pay the instrument is discharged as stated in this chapter or by an act or agreement with the...