5D10-835 Britt v. Bank of America

State: Florida

Court: Florida Fifth District Court

Docket No: 5D10-835

Case Date: 01/10/2011

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT JANUARY TERM 2011 LEAH BRITT, FOR HERSELF AND ON BEHALF OF ALL OTHERS SIMILARLY SITUATED, Appellant, v. BANK OF AMERICA, N.A., Appellee. ________________________________/ Opinion filed January 14, 2011 Appeal from the Circuit Court for Orange County, Frederick J. Lauten, Judge. Tee Persad, Alberto E. Lugo-Janer, and Cynthia Conlin, of CPLS., P.A., Orlando, and Samuel A. Walker, Montgomery, AL, for Appellant. Virginia B. Townes and Brandon W. Banks of Akerman Senterfitt, Orlando, for Appellee. PALMER, J. Leah Britt appeals the final order entered by the trial court dismissing with prejudice her complaint against appellee, Bank of America. We affirm. Britt's complaint alleged that the Bank's practice of charging non-account holders $5.00 as a condition for cashing payroll checks (written by Britt's employer, an account holder at the Bank), violates section 655.85 of the Florida Statutes (2008) (which provides that an institution may not settle any check drawn on it otherwise then at par).1 Case No. 5D10-835 CORRECTED

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Section 655.85 of the Florida Statutes (2008) provides:

The Bank moved to dismiss Britt's complaint with prejudice, arguing that Britt's statutory claim was pre-empted by federal law which permits national banks to charge such fees. The trial court granted the Bank's motion and dismissed Britt's complaint. Britt challenges the trial court's ruling, arguing that the trial court erred in concluding that the federal law preempts her cause of action. We disagree. Federal law allows national banks to charge convenience fees when cashing checks drawn on the bank. See 12 C.F.R.

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