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ANY KIND CHECKS CASHED, INC. v. TALCOTT

No. 4D01-2114.

830 So.2d 160 (2002)

ANY KIND CHECKS CASHED, INC., a Florida corporation, Appellant, v. John G. TALCOTT, Jr., individually, and Salvatore GUARINO, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 26, 2002.

Attorney(s) appearing for the Case

Barbara J. Scheffer, Palm Beach Gardens, for appellant.

Richard H. Levenstein and Kathleen S. Mac Mahon of Kramer, Sewell, Sopko & Levenstein, P.A., Stuart, for appellee John G. Talcott, Jr.

Harriett Rae Freeman, West Palm Beach, for Amicus Curiae Financial Service Centers of Florida, Inc.

GROSS, J.

The issue in this case is whether a check cashing store qualifies as a holder in due course so that it can collect on a $10,000 check written by an elderly man who was fraudulently induced to issue the check by the person who cashed it.

We hold that the check cashing store was not a holder in due course, because the procedures it followed with the $10,000 check did not comport with reasonable commercial...

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