F & A Dairy Products, Inc. v. Imperial Food Distributors, Inc.

Appellant, F & A Dairy Products, Inc. (F & A), as payee of a check written by appellee, Palm Coast Veal Corporation (Palm Coast), sued Palm Coast under section 68.065(1), Florida Statutes (1999). That section provides that if payment of a check is refused by a drawee-bank for insufficient funds, a payee may bring a cause of action against the drawer for recovery of the amount of the check plus treble the amount of the check. F & A’s cause of action was tried to the court and judgment was entered for F & A for the amount of the check plus treble damages.

Palm Coast filed a motion for rehearing…