NAKHAL v. NATIONS BANK, 796 So.2d 1281 (Fla. 2001)

ABEER NAKHAL and OMAR RAMADAN, Appellants, v. NATIONS BANK, a national banking association, Appellee.

Case No. 4D01-796District Court of Appeal of Florida, Fourth District.
Opinion filed October 17, 2001

Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County; W. Herbert Moriarty, Judge; L.T. Case No. 99-21112 CACE (18).

William S. Isenberg of Latona Isenberg, Fort Lauderdale, for appellants.

Page 1282

Frank P. Cuneo, and Juan A. Gonzalez of Liebler, Gonzalez
Portuondo, P.A., Miami, for appellee.

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.