MARIO BRITO AND JUANA BRITO, HIS WIFE, APPELLANTS,

v.

CITY OF HIALEAH, APPELLEE

Citator

Cited By

• Aksomitas v. Sabitra Maharaj, 771 So. 2d 541 (Fla. 4th DCA 2000)
  …ed that because Mandell-Mueller never obtained an enforceable note and mortgage, Aksomitas, who took the assignment of the note and mortgage from Mandell-Mueller with knowledge, could not enforce it either. In Citibank International v. Mercogliano, 574 So. 2d 1190 (Fla. 3d DCA 1991), Mercogliano executed a note and mortgage in favor of a bank after it was determined that her home had been purchased with bank funds embezzled by a third party. When the bank foreclosed, the trial court found that because the ban…
• Cocoves v. Campbell, 819 So. 2d 910 (Fla. 4th DCA 2002)
  …tled in Florida that “forbearance from pursuing a legal remedy, where the promisee has a bona fide belief that a viable legal right exists, constitutes valid consideration for an agreement which benefits the promisor.” Citibank Int’l v. Mercogliano, 574 So. 2d 1190, 1191 (Fla. 3d DCA 1991); accord Alpha Elec. Supply, Inc. v. Drake Contracting, Inc., 407 So. 2d 363, 365 (Fla. 5th DCA 1981) (stating that “[a] contract must be supported by consideration and where a party has a bona fide belief that he has a legal…
• Loper v. Weather Shield Mfg., Inc., 203 So. 3d 898 (Fla. 1st DCA 2015)
  …so v. Long, 141 So. 2d 334, 335 (Fla. 1st DCA 1962) (“The rule is well recognized that the forbearance to enforce a legal right is sufficient consideration for a promise where such forbearance is requested.”); see also Citibank Int’l v. Mercogliano, 574 So. 2d 1190, 1191 (Fla. 3d DCA 1991) (“It is well recognized that forbearance to enforce a legal right may constitute consideration for a promise. It is not required that the forbearance be provided for in express language or terms.”); Bara v. Jones, 400 So. 2d…

Authorities Cited

• Zeidwig v. Ward, 548 So. 2d 209 (Fla. 1989)
• Smith v. State, 363 So. 2d 21 (Fla. 3d DCA 1978)
• Roberts v. Keystone Trucking Co., 259 So. 2d 171 (Fla. 4th DCA 1972)