Roger Chavez v. Mercantil Commercebank, N.A.

*897BATTEN, District Judge:

Roger Chavez is a customer of Mercantil Commercebank, NA. (“the bank”). This case involves an allegedly fraudulent payment order that resulted in the bank’s transfer of $329,500 from his account to someone in the Dominican Republic. Chavez sued the bank to recover the $329,500. In response to Chavez’s complaint, the bank asserted, inter alia, an affirmative defense premised upon Fla. Stat. § 670.202(2), which relieves a bank of liability for fraudulent payment orders in certain situations. The district court granted the bank’s motion for summary judgment and denied…