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Intrinsic Values Corp. v. Superintendencia de Administracion Tributaria

District Court of Appeal of Florida

806 So. 2d 616 (2002)

Relevant factsFree

Superintendencia de Administracion Tributaria (plaintiff) contracted with Intrinsic Values Corporation (defendant) for goods, with a Guatemalan bank issuing irrevocable letters of credit for Intrinsic's benefit and two U.S. banks acting as confirming banks. After Superintendencia canceled the contract for nondelivery and sued Intrinsic in Guatemala, a Guatemalan court temporarily enjoined the issuing bank from paying on the letters of credit; Superintendencia then sued in Florida to stop the confirming banks from honoring the letters, arguing any payment to Intrinsic would facilitate a material fraud, and obtained a Florida injunction without naming or serving Intrinsic. Intrinsic later intervened, sought payment, and moved unsuccessfully to dissolve the Florida injunction, then appealed.

IssueFree

Whether a court may enjoin the issuer of a letter of credit from honoring a presentation if honoring the presentation would facilitate a material fraud by the beneficiary on the issuer or applicant.

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