Accord And Satisfaction

531 Florida cases classified under this topic, plus 14 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Delant Constr. Co. v. Doral Enters. Joint Venture
  13 So. 3d 1097· Fla. 3d DCA· 2009-07-08
  A general contractor (Delant) and developer (Doral Enterprises) settled a dispute over a failed development project, with Doral agreeing to reimburse Delant for engineering services owed to Coreslab. When Doral sued Delant for alleged overpayment, the court reversed the judgment
• IN & FOR Sussex Cnty. Reginald Brasby v. [Unknown]
  Del. Super. Ct.· 2007-03-29
  The court granted in part and denied in part the defendants' motion for summary judgment. Summary judgment was denied for the breach of contract claim and the fraud claim against Leroy Morris individually. It was granted for the negligence, negligence per se, and fraud claims aga
• Mayfair Int'l, Inc. v. del Gardo
  864 So. 2d 1239· Fla. 5th DCA· 2004-01-30
  Mayfair International, a real estate broker, appealed a summary judgment in favor of seller David Del Gardo, which prevented the broker from recovering unpaid commission under an Exclusive Listing Agreement. The Florida appellate court reversed, finding that the statutory accord
• Theobie Wells, Jr. v. Fla. Dep't OF Corr.
  801 So. 2d 970· Fla. 5th DCA· 2001-11-30
  The Fifth District affirmed summary judgment for the Florida Department of Corrections and its personnel, holding that the Wellses failed to comply with statutory notice requirements, were bound by a prior settlement agreement, and were barred by accord and satisfaction and statu
• Hanna v. Schmidt
  707 So. 2d 966· Fla. 4th DCA· 1998-04-08
  The court held that the trial court did not abuse its discretion in denying the petition for primary residential parent and increasing child support, but erred in reducing visitation and enforcing an oral mediation agreement.
• Trayco v. The United States
  994 F.2d 832· Fed. Cir.· 1993-06-03
  The court held that a gap exists in the Court of International Trade's exclusive jurisdiction for importer refund suits, and the importer was not estopped from seeking judicial review by paying a mitigated penalty under protest.
• Cmty. Heating & Plumbing Co., Inc. v. Admiral Frank B. Kelso, II
  987 F.2d 1575· Fed. Cir.· 1993-03-11
  The court held that the contractor's interpretation of the contract regarding conduit sleeves was unreasonable and that the contract was unambiguous. The court also found that the contractor's claims for delay costs were not barred by accord and satisfaction but were denied on th
• In re Newport Plaza Assocs., L.P. v. Durfee Attleboro Bank
  985 F.2d 640· 1st Cir.· 1993-02-16
  A subsequent written contract that directly contradicts and supersedes a prior oral agreement is enforceable, and the parties' intent is determined by the unambiguous language of the written contract.
• Williams v. Agribank
  972 F.2d 962· 8th Cir.· 1992-08-14
  The court held that even if the Memorandum of Understanding released the Williamses from liability, their subsequent material breach allowed FCB to rescind the agreement and enforce the original note.
• Sondra J. Estle v. Country Mut. Ins. Co.
  970 F.2d 476· 8th Cir.· 1992-07-22
  The court held that the plaintiff was not required to return settlement funds before filing suit when the existence of an accord and satisfaction or release was disputed, and that the district court erred in denying leave to amend the complaint to add a fraud claim.
• Union Pac. R.R. Co. v. Mullen
  966 F.2d 348· 8th Cir.· 1992-05-28
  A general release signed by a tortfeasor, without an express reservation of rights, extinguishes a subsequent claim for contribution under the Arkansas Uniform Contribution Among Tortfeasors Act if the cause of action for contribution accrues at the time of the underlying tort.
• Cornette v. Rite Commc'n Sys., Inc.
  573 So. 2d 1055· Fla. 2d DCA· 1991-02-06
• Madonna Corp. & Delverde, Inc. v. Fed. Deposit Ins. Corp.
  563 So. 2d 763· Fla. 2d DCA· 1990-06-15
  Madonna Corp. and Tierra Verde, a joint venture, appealed the trial court's grant of summary judgment to the FDIC in a mortgage foreclosure dispute. The court affirmed, holding that federal law under 12 U.S.C. § 1823(e) precluded Tierra Verde's claims that an unrecorded deed in l
• Atl. Leasing & Fin., Inc. v. IPM Tech., Inc.
  885 F.2d 188· 4th Cir.· 1989-09-15
  The court held that a confessed judgment entered against a guarantor was valid, as the guarantor knowingly and voluntarily waived its due process rights and defenses through the contract's provisions. The court also found the award of attorneys' fees to be permissible under Maryl
• McHOSE v. Fed. Deposit Ins. Corp.
  882 F.2d 1311· 8th Cir.· 1989-08-17
  The court held that the Assignment and Loan Agreement was not fully performed to satisfy the bank, thus the FDIC could not rely on it to defeat its claim on the promissory note.
• Hueza v. Nat'l Found. Life Ins. Co.
  545 So. 2d 321· Fla. 3d DCA· 1989-05-09
  The plaintiff appealed a summary judgment in favor of an insurance company in a dispute over medical payments under a health insurance policy. The court reversed, finding that the defendant failed to establish the defense of accord and satisfaction and that late-filed interrogato
• Zenith Drilling Corp. v. Internorth, Inc.
  869 F.2d 560· 10th Cir.· 1989-03-10 ·via Executory Accord
  The court held that InterNorth's failure to pay standby charges constituted a material breach of the executory accord, allowing Zenith to rescind the accord and recover damages under the original contracts. The court also held that Zenith failed to raise a material issue of fact
• E. Energy, Inc. v. Unico OIL & GAS, Inc.
  861 F.2d 1379· 5th Cir.· 1988-12-27
  The court held that the district court erred in dismissing Eastern's claims with prejudice because the settlement agreement did not constitute an accord and satisfaction and the defendant failed to prove compliance with its obligations.
• Jones v. Gen. Motors Corp.
  856 F.2d 22· 4th Cir.· 1988-09-07
  An oral release of one joint tortfeasor, even if intended to preserve claims against others, does not comply with Va.Code Ann. § 8.01-35.1 and therefore operates under common law to release all joint tortfeasors.
• Borg-Warner Acceptance Corp. v. Ala. Furniture & Appliance, Inc.
  850 F.2d 1524· 11th Cir.· 1988-08-02
  The court held that the settlement agreement's broad language entitled BWAC to recover money and property transferred from the corporate premises, even if physically removed.
• Dudley Gleason v. Avon Prods., Inc.
  850 F.2d 413· 8th Cir.· 1988-06-24
  The court held that the plaintiff's acceptance of enhanced retirement benefits, after signing a letter outlining the terms of his retirement, constituted an accord and satisfaction as a matter of law, barring his claims for wrongful discharge and promissory estoppel.
• Hurd v. AL Springer Roofing, Inc.
  526 So. 2d 784· Fla. 3d DCA· 1988-06-21
• In re Plantation Acceptance Corp. v. Plantation Acceptance Corp.
  836 F.2d 962· 5th Cir.· 1988-02-05
  The court reversed the trial court's grant of a motion for relief from judgment filed over four years after the judgment, finding the debtor failed to comply with the terms of a settlement agreement regarding the sale of leased equipment.
• Bldg. Serv. Emps. Pension Tr. v. Am. Bldg. Maint. Co.
  828 F.2d 576· 9th Cir.· 1987-09-22
  A contract may be rescinded for unilateral mistake if the other party knew or should have known of the mistake, even if the contract involved settlement of a bona fide dispute.
• United States v. Daylight Dairy Prods., Inc.
  822 F.2d 1· 1st Cir.· 1987-06-29
  A district court cannot consider a milk handler's legal challenges to a marketing order until the handler has first pursued the exclusive administrative remedy provided by statute.
• T.J. Trauner Assocs., Inc. v. Cooper-Benton, Inc.
  820 F.2d 643· 3d Cir.· 1987-06-12
  The court held that a genuine issue of material fact exists as to whether a dispute over the debt occurred, precluding summary judgment based on accord and satisfaction.
• Axel A. Stenswick v. Otis R. Bowen, M.D.
  815 F.2d 519· 9th Cir.· 1987-04-17
  The court held that a magistrate lacks authority to award attorney's fees for representation in administrative proceedings, and a voluntary payment of such an award does not preclude a subsequent challenge to its void portion.
• Gulf Life Ins. Co. v. Folsom
  806 F.2d 225· 11th Cir.· 1986-11-26
  In an action for money had and received, a plaintiff can generally recover a mistakenly made payment, even if caused by negligence, provided the other party is not prejudiced, subject to a weighing of equities by the trier of fact.
• Tex-Goober Co. v. LOS Angeles NUT House, Inc.
  803 F.2d 1358· 5th Cir.· 1986-11-05
  The court held that the trial court erred by failing to submit an interrogatory on industry custom for peanut substitution, requiring a remand for factual findings on that issue.
• Comavi Int'l v. Rockwell Int'l Corp.
  797 F.2d 912· 10th Cir.· 1986-07-30
  The court held that the attorney's fee agreement was clear and unambiguous, and that the attorney was entitled to fees for defending his right to the original fee award.
• Seaman v. V.I.P. World Travel, Inc.
  487 So. 2d 342· Fla. 2d DCA· 1986-04-02
  Appellants Seaman, Miklas, Castle Realty, and Elegant Realty appealed two summary judgments: one in favor of Chapman & Associates on a promissory note claim, and another in favor of V.I.P. World Travel on appellants' indemnity claim. The court affirmed Chapman's judgment but vaca
• D & E Trading Co. v. S. Synthetics, Inc.
  466 So. 2d 394· Fla. 3d DCA· 1985-03-26
• Winters v. Sami
  462 So. 2d 521· Fla. 4th DCA· 1985-01-04
  The court held that a written memorandum signed by the creditors, stating they 'have agreed to omit' certain future monthly payments, constituted a present renunciation of their rights under the note and mortgage, discharging the debtors' obligation for those payments.
• Citizens United Bank, N.A. v. Pearlstein
  733 F.2d 28· 3d Cir.· 1984-04-20
  An agreement to satisfy a judgment, even if secured by a mortgage, is not subject to the New Jersey statute of frauds if it constitutes a substitute performance for the debt.
• City OF Deerfield Beach v. Fla. Nat'l Bank OF Palm Beach Cnty.
  428 So. 2d 779· Fla. 4th DCA· 1983-03-30
  A payor cannot sue banks for accepting and paying checks after the payee altered restrictive language and added a reservation of rights.
• Studiengesellschaft Kohle m.b.H. v. Novamont Corp. nna.
  704 F.2d 48· 2d Cir.· 1983-03-28
  The court held that Novamont's 'most favored licensee' clause did not entitle it to a retrospective hypothetical reconstruction of a pre-paid license based on a later agreement with another licensee, and that the 1974 settlement agreement resolved prior disputes.
• Hamilton v. United Ins. Co. of Am.
  428 So. 2d 346· Fla. 1st DCA· 1983-03-22
  Richard Hamilton appealed a summary judgment that enforced insurance company releases he and his wife signed on the backs of checks representing returned premiums. The Florida appellate court affirmed, holding that the insurance company's waiver of its right to prove fraud and re
• Teledyne Lewisburg v. The United States
  699 F.2d 1336· Fed. Cir.· 1983-02-14
  The dissenting judge believes the Claims Court erred in reversing the ASBCA decision, arguing that the government should be held liable for breach of warranty due to defective government-furnished model and drawings, despite disclaimers.
• Geisco, Inc. v. Honeywell, Inc.
  682 F.2d 54· 2d Cir.· 1982-06-25
  The court held that the district court correctly granted a directed verdict for the defendant on the grounds of accord and satisfaction, as the plaintiff's acceptance of a termination payment was a reasonable understanding of full settlement.
• Hollie Lee McDONALD v. Allstate Ins. Co.
  408 So. 2d 580· Fla. 4th DCA· 1981-11-18
  McDonald sought to confirm an arbitration award that exceeded his insurance policy limits, but the court affirmed the trial court's denial based on an accord and satisfaction. The parties had agreed that Allstate's payment of $50,000 constituted partial satisfaction of the arbitr
• The Chesapeake & Potomac Tel. Co. of Va. v. The United States
  654 F.2d 711· Ct. Cl.· 1981-06-17
  The court held that the Government's payment of less than the full amount claimed, with ambiguous notations on vouchers and invoices, did not constitute a binding accord and satisfaction, and that the Government had wrongfully withheld payment for services rendered.
• Bruno Socha and Joan Socha v. Mel Geist
  392 So. 2d 945· Fla. 5th DCA· 1980-12-24
  A defendant who settles a personal injury action may seek contribution from a third-party tortfeasor for amounts paid to settle the plaintiffs' claims against the defendant, but not for amounts paid to settle the tortfeasor's own personal claim arising from the same injuries.
• Akinyemi v. Nat'l R.R. Passenger Corp.
  640 F.2d 1345· D.C. Cir.· 1980-05-30
  The court held that summary judgment for the defendant was proper because the evidence demonstrated that the settlement agreement, despite a latent ambiguity in the release, was intended to cover all claims arising from the plaintiff's injury, including a later recurrence.
• FOX v. Perry
  382 So. 2d 1251· Fla. 3d DCA· 1980-04-08
  Foxes brought suit against Perrys on a $500,000 promissory note. Perrys defended by invoking a May 1976 agreement allegedly requiring the Foxes to look solely to Lo-Te Development Corporation for satisfaction. The court reversed summary judgment, finding genuine issues of materia
• Eng'g Tech. Analysts, Inc. v. Robray Offshore Drilling Co., Ltd.
  611 F.2d 540· 5th Cir.· 1980-02-07
  The court held that the district court erred in applying Tex.Rev.Civ.Stat.Ann. art. 1302-2.09 to preclude Robray's recovery of usury penalties, as the statute does not control when the corporate debtor did not agree to the high interest rate.
• Century Geophysical Corp. v. Cal. Bd. OF Equalization
  564 F.2d 342· 9th Cir.· 1977-11-11
  The court held that the Board of Equalization's claim for successor liability against Systems was barred by a prior bankruptcy court's disallowance of its claim against the seller, Century.
• State of Fla. Dep't OF Transp. v. Leecon, Inc.
  339 So. 2d 709· Fla. 1st DCA· 1976-12-01
  The Florida Department of Transportation appealed an interlocutory summary judgment finding it liable for breach of warranty in highway construction specifications. The court affirmed that the Department warranted the availability of suitable muck for shoulder dressing and that a
• Morton v. Samy Farouk Rifai and Maunira Rifai
  339 So. 2d 707· Fla. 1st DCA· 1976-12-01
  The Mortons purchased real estate from the Rifais, executing a promissory note secured by a second mortgage. After financial difficulties, the Mortons reconveyed the property to the Rifais, then the Rifais sold it to a third party and sued on the note. The court affirmed judgment
• Spencer v. City Nat'l Bank of Miami
  43 Fla. Supp. 74· Dade Cty. Cir. Ct.· 1975-09-18
  In this mortgage foreclosure dispute involving Sailboat Key, a Florida island development, the court found that Continental Mortgage Investors extracted usurious interest of over 25% through a complex loan structure involving base interest, equity participation, discounts, and ad
• Keller Indus., Inc. v. Holden
  514 F.2d 1269· 5th Cir.· 1975-06-23
  The court held that the defendant's testimony regarding his belief about the outcome of the contract did not constitute evidence of a contemporaneous oral agreement to modify the written terms, and thus did not support an accord and satisfaction defense.