NAKHAL v. NATIONS BANK

No. 4D01-796.

796 So.2d 1281 (2001)

Abeer NAKHAL and Omar Ramadan, Appellants, v. NATIONS BANK, a national banking association, Appellee.

District Court of Appeal of Florida, Fourth District.

October 17, 2001.


Attorney(s) appearing for the Case

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

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...

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