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   State Courts - Alabama - July 1, 2005

  
AmSouth Bank v. Tice, 1031391, SUPREME COURT OF ALABAMA, July 1, 2005, Released
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Overview: Where auto dealer sued his bank for wrongful dishonor of checks and wrongful payment of stale-dated checks, in violation of, respectively, Fla. Stat. Ann. §§ 674.402 and 674.404 (1993) of Florida's UCC, he could not also assert claims of negligence and wantonness as these common-law claims had been preempted by those statutes.

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Ex parte State Farm Mut. Auto. Ins. Co., 1030470, SUPREME COURT OF ALABAMA, July 1, 2005, Released
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Overview: Because an individual's negligence counterclaim was actually seeking damages for negligent prosecution of a civil case, the action was not cognizable in Alabama; therefore, the appellate court erred in reversing the trial court's grant of summary judgment in favor of the insured.

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