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

• Farmers-Merchants Bank & Tr. Co. v. The CIT Group/Equipment Fin., Inc.
  888 F.2d 1524· 5th Cir.· 1989-12-01 ·cited 8×
  La.Rev.Stat.Ann. § 9:5362 applies to a dation en paiement, not just sales, and the district court must determine if its application here leads to absurd results.
• City OF Bismarck v. Toltz
  855 F.2d 580· 8th Cir.· 1988-08-30 ·cited 8×
  The court held that the City's claims against TKDA for damages arising from faulty construction were barred by collateral estoppel, as the issue of damages had been fully litigated and resolved in prior arbitration proceedings between the City and the contractor.
• Turner v. Burlington N. R.R. Co.
  771 F.2d 341· 8th Cir.· 1985-08-15 ·cited 8×
  The court held that the district court did not err in granting a jury trial on the counterclaim for specific performance of a settlement agreement in a FELA case, but committed reversible error in instructing the jury that the defendant railroad had the burden of proving the atto
• Starcraft Co. v. C.J. Heck Co. OF Tex., Inc.
  748 F.2d 982· 5th Cir.· 1984-12-17 ·cited 8×
  The dissenting judge would hold that the Bank is absolutely liable to Starcraft for the face value of the check and that the Johnsons remain liable as guarantors for prior transactions.
• Redding v. Zelma D. Powell and Elma Anderson
  452 So. 2d 132· Fla. 2d DCA· 1984-06-15 ·cited 8×
  Appellants, original mortgagors and their successors, appealed a summary judgment foreclosure on property for alleged failure to make a final mortgage payment and maintain insurance. The court reversed, finding that appellees failed to conclusively refute appellants' affirmative
• Cavalere v. Graham
  423 So. 2d 428· Fla. 5th DCA· 1982-11-24 ·cited 8×
  Petitioners sought certiorari review of a discovery order compelling an insurance company adjuster to answer deposition questions and produce the company's complete claims file. The court granted the petition and quashed the discovery order, holding that work product of an invest
• Allegheny Airlines, Inc. v. Forth Corp. & John R. Barney, Jr.
  663 F.2d 751· 7th Cir.· 1981-11-09 ·cited 8×
  The court held that an insurer is obligated to pay interest on the entire judgment amount against its insured, not just the policy limits, until the policy limits are paid into court. The court also held that Forth Corporation, though an additional insured, was a named insured un
• Jobear, Inc. v. Dewind Mach. Co.
  402 So. 2d 1357· Fla. 4th DCA· 1981-09-02 ·cited 8×
  Jobear, Inc. appealed a judgment awarding DeWind Machinery Company $2,704 for unpaid equipment rental and parts/labor charges. The court affirmed the judgment but remanded to add interest as provided in the lease agreement, rejecting Jobear's arguments that a restrictive endorsem
• Masonite Corp. v. Norfolk & W. Ry. Co.
  601 F.2d 724· 4th Cir.· 1979-07-12 ·cited 8×
  The court held that the documents clearly evidenced an intent to accord and satisfy all claims, and that the settlement was supported by consideration.
• Aluminum Prods. Distribs., Inc. v. Aaacon Auto Transp., Inc.
  549 F.2d 1381· 10th Cir.· 1977-03-04 ·cited 8×
  The court held that an arbitration clause in a bill of lading for interstate commerce is invalid if it attempts to limit the carrier's liability, as prohibited by the Carmack Amendment.
• Merdis Moore and Nathan Moore v. Gunning
  328 So. 2d 462· Fla. 4th DCA· 1976-03-12 ·cited 8×
  An out-of-court oral settlement agreement in an automobile negligence case is unenforceable under Rule 1.030(d), RCP, if not in writing and subscribed by the party against whom it is alleged.
• Sw. E & T Suppliers, Inc. v. Am. Enka Corp.
  463 F.2d 1165· 5th Cir.· 1972-07-21 ·cited 8×
  The court held that the settlement agreement was valid and enforceable, and that Southwest's claims were barred by prior litigation and settlement.
• Merritt-Chapman & Scott Corp. v. The United States
  439 F.2d 185· Ct. Cl.· 1971-03-19 ·cited 8×
  The court held that the extension of time granted by Modification No. 7 did not constitute an accord and satisfaction for the contractor's claim for delay damages, and that the Board of Contract Appeals erred in its calculation of the suspension period.
• Calloway v. Cent. Charge Serv.
  440 F.2d 287· D.C. Cir.· 1971-02-24 ·cited 8×
  The court held that the trial court did not err in directing a verdict for the appellees on the slander claim, nor in submitting the counterclaim to the jury, and that the handwriting sample was admissible.
• Burley v. Mummery
  222 So. 2d 261· Fla. 3d DCA· 1969-05-06 ·cited 8×
  Dr. Burley appealed a summary judgment in favor of Dr. Mummery in a dispute over settlement of their shared medical practice agreement. The trial court found that Dr. Mummery's check marked "payment in full" satisfied all obligations, but the appellate court reversed, finding a g
• Roe R. Black v. Denver United States Nat'l Bank
  362 F.2d 38· 8th Cir.· 1966-05-12 ·cited 8×
  The court held that the payment by a third party of a note did not, as a matter of law, constitute an accord and satisfaction for the original debtor's note, as the intent of the parties was not conclusively established.
• Smoot v. State Farm Mut. Auto. Ins. Co.
  337 F.2d 223· 5th Cir.· 1964-10-15 ·cited 8×
  The court held that there was no accord and satisfaction as a matter of law because there was no express or implied condition of payment. The trial court erred in not directing a verdict for the judgment creditors.
• Vance v. Scanlon
  121 So. 2d 709· Fla. 2d DCA· 1960-06-24 ·cited 8×
  The appellate court reviewed a decree that dismissed a complaint seeking equitable relief, questioning whether the plaintiff stated a cause for equitable relief after accepting an oral offer for his contract rights.
• Frieda Rader and Paul Rader v. Mfrs. Cas. Ins. Co. OF Philadelphia
  242 F.2d 419· 2d Cir.· 1957-03-05 ·cited 8×
  The appellate court held that the District Court should have dismissed the complaint for lack of jurisdiction, not on res judicata grounds, because indispensable parties destroyed diversity jurisdiction.
• Urbino v. Puerto RICO Ry. Light & Power Co.
  164 F.2d 12· 1st Cir.· 1947-11-07 ·cited 8×
  A consent decree approving a settlement of a bona fide dispute under the Fair Labor Standards Act, where employees received full wages and overtime but waived liquidated damages, bars a subsequent action for those liquidated damages.
• DE Pasquale v. Williamsbauer Corp.
  151 F.2d 578· 2d Cir.· 1945-11-02 ·cited 8×
  The court held that the trial court did not err in striking the defendants' special defenses, as they failed to plead sufficient facts to demonstrate compliance with the Fair Labor Standards Act or to establish a valid basis for release or accord and satisfaction.
• Bowen Motor Coaches, Inc. v. N.Y. Cas. Co.
  139 F.2d 332· 5th Cir.· 1943-12-19 ·cited 8×
  The court held that the trial court properly determined the balance of insurance premiums due, but erred in assessing the entire auditor's fee against the appellants.
• Bilgore v. Gunn
  150 Fla. 799· Fla.· 1942-05-26 ·cited 8×
  A promissory note given by a debtor to his creditor after the creditor had agreed in writing to accept a reduced payment from a Federal Land Bank loan is void ab initio as contrary to public policy and federal law, regardless of whether the creditor was deceived about the debtor'
• The Welles-Kahn Co. v. Klein
  81 Fla. 524· Fla.· 1920-05-01 ·cited 8×
  The Florida Supreme Court reversed a lower court's judgment for the defendant in a debt collection case. The court found that the lower court erred in sustaining demurrers to the plaintiff's replications, which alleged a new promise to pay the debt, made before the statute of lim
• Hargadine McKittrick Dry Goods Co. v. Goodman
  55 Fla. 361· Fla.· 1908-01-01 ·cited 8×
  Hargadine McKittrick Dry Goods Company sued C.C. Goodman to recover payment for goods sold to the partnership Gray & Goodman. Goodman pleaded that a new firm (Gray & Company) had assumed the debt and the creditor had released him from liability. The court reversed the lower court
• Rocka Fuerta Constr. Inc. v. Southwick, Inc.
  103 So. 3d 1022· Fla. 5th DCA· 2012-12-28 ·cited 7×
  Rocka Fuerta Construction appeals the trial court's dismissal of its breach of contract complaint as a sanction for alleged fraud on the court. The court reversed the dismissal, holding that Rocka's failure to reference a settlement agreement in its complaint did not constitute t
• ONE 79TH St. Ests., Inc. v. Am. Inv. Servs.
  47 So. 3d 886· Fla. 3d DCA· 2010-10-27 ·cited 7×
  One 79th Street Estates, Inc. and Po Boy Realty Investments, Inc. appeal a foreclosure judgment on a commercial mortgage loan. The court reversed the summary judgment because genuine issues of material fact exist regarding whether the lender accepted a substantial payment ($116,1
• In re Boston Shipyard Corp.
  886 F.2d 451· 1st Cir.· 1989-09-27 ·cited 7×
  The court held that Modification 14 was supported by consideration and not voidable due to duress, and that BSC's cessation of work constituted an unjustified abandonment of the contract.
• Miller v. Weston E. Jung and Janice L. Jung
  361 So. 2d 788· Fla. 2d DCA· 1978-07-26 ·cited 7×
  A landscaper cashed a check for less than the amount billed, with conditions printed and written on the check regarding full payment and waiver of liens. The court held that under Florida's Uniform Commercial Code Section 671.207, the payee could negotiate the check with a typed
• Burlington-Rock Island R.R. Co. v. United States
  321 F.2d 817· 5th Cir.· 1963-08-27 ·cited 7×·via Executory Accord
  A taxpayer on the accrual basis cannot deduct interest that is contingent upon the taxpayer's financial ability to pay, even if the obligation is legally binding, as it is not a fixed and unconditional liability.
• Lago OIL & Transp. Co., Ltd. v. United States
  218 F.2d 631· 2d Cir.· 1955-01-17 ·cited 7×
  A ship's agent can still claim salvage for extraordinary services, even if paid for services under a contract, unless the contract explicitly covers the entire undertaking.
• Gen. Foods Corp. v. THE Felipe Camarao
  172 F.2d 131· 2d Cir.· 1949-01-24 ·cited 7×
  The court held that the carrier's issuance of an on-board bill of lading estopped it from denying liability for short delivery, and the buyer's actions did not constitute a waiver or accord and satisfaction for the lost cargo.
• Phillips Petroleum Co. v. Williams
  158 F.2d 723· 5th Cir.· 1946-12-27 ·cited 7×
  The court held that the lease provision for royalty based on the 'prevailing market rate for gas' applied, not the 'gross proceeds' provision, because the gas was used in the manufacture of gasoline. The court also found division orders binding for payments made and accepted, and
• Anzano v. Metro. Life Ins. Co. of N.Y.
  118 F.2d 430· 3d Cir.· 1941-03-10 ·cited 7×
  The court held that the jury's findings regarding the scope of the settlement and the insured's disability were supported by sufficient evidence and could not be disturbed, and that the trial court did not err in its rulings on evidence or jury instructions.
• Pearson v. Convergent Outsourcing, Inc.
  2015 U.S. Dist. LEXIS 126149· M.D. Fla.· 2015-09-21 ·cited 6×
  The court held that the omission of the phrase 'in writing' in a debt collection letter may violate the FDCPA, but granted dismissal of the FCCPA claim.
• ST. Croix Lane Tr. & M.L. Shapiro v. ST. Croix at Pelican Marsh Condo. Ass'n, Inc.
  144 So. 3d 639· Fla. 2d DCA· 2014-08-08 ·cited 6×
  A condominium association accepted a $840 check tendered in full satisfaction of disputed assessment claims but later denied an accord and satisfaction had occurred. The court held that Florida's accord and satisfaction statute applies to condominium associations, and the associa
• Roman v. Bogle
  113 So. 3d 1011· Fla. 5th DCA· 2013-05-03 ·cited 6×
  This case addresses whether the dangerous instrumentality doctrine—which imposes vicarious liability on vehicle owners for negligent drivers operating the vehicle with consent—automatically makes the driver an agent of the owner for purposes of interpreting release agreements. Th
• Edwards v. Norman
  780 So. 2d 162· Fla. 2d DCA· 2001-01-12 ·cited 6×
  Rosa Edwards appeals summary judgment dismissing her personal injury claim after she accepted a settlement check for property damage with a release document. The court reversed, holding that parol evidence regarding alleged misrepresentations about the scope of the release must b
• Vencor Hosps. S., Inc. v. Blue Cross & Blue Shield of R.I.
  86 F. Supp. 2d 1155· S.D. Fla.· 2000-03-06 ·cited 6×
  The court held that the Outline of Coverage is not part of the insurance contract and that 'health care expenses' refers to the costs of treatment, not the types of treatment. Promissory estoppel claims also failed.
• Pogge v. Dep't of Revenue
  703 So. 2d 523· Fla. 1st DCA· 1997-12-30 ·cited 6×
  Kenneth Pogge paid a jeopardy assessment against him as a shareholder of P&M Oil Company based on alleged willful failure to remit sales taxes. The trial court dismissed his subsequent refund action as barred by a 60-day statute of limitations and the doctrine of accord and satis
• Jack H. Brown & Co., Inc. v. Toys "R" US, Inc.
  906 F.2d 169· 5th Cir.· 1990-07-20 ·cited 6×
  The court held that parol evidence of an alleged oral promise was improperly admitted to vary the unambiguous terms of a written settlement agreement, and absent this evidence, there was no support for the jury's verdict.
• Parker v. Prudential Ins. Co. OF Am.
  900 F.2d 772· 4th Cir.· 1990-04-10 ·cited 6×
  The court held that while the trial court erred in granting a directed verdict for accord and satisfaction, Prudential was entitled to a directed verdict based on material misrepresentation due to the applicant's failure to disclose smoking and drug use.
• United States For Use and Benefit of Dennie Reed v. C.E. Callahan
  884 F.2d 1180· 9th Cir.· 1989-09-06 ·cited 6×
  The court held that California Civil Code § 1717 applies to Miller Act subcontracts, making a unilateral attorney's fees clause reciprocal, and that the subcontractor is entitled to fees for the entire case, not just the state law portion. The court also affirmed the denial of th
• Lowrance v. Hacker
  866 F.2d 950· 7th Cir.· 1989-01-26 ·cited 6×
  A partial payment tendered with a condition of accord and satisfaction is ineffective to discharge a debt if no bona fide dispute regarding the debt's amount existed between the parties.
• Miller v. Perez
  524 So. 2d 1084· Fla. 4th DCA· 1988-04-27 ·cited 6×
  Real estate broker Alfredo Perez agreed to sell his commission claims to Diversified Centers for reduced amounts specified in a December 12, 1984 letter. When Diversified sent a check for the purchase commission with a limiting endorsement, Perez cashed it but then sued for the f
• Barney Cortell and Harriet Cortell v. Barrow
  510 So. 2d 1077· Fla. 5th DCA· 1987-07-30 ·cited 6×
  An employer sued an employee and her parents for embezzled funds under a reimbursement agreement. The trial court found the employer entitled to no additional sums beyond the $8,864.41 the employee had placed in escrow, but the appellate court reversed, holding the parties were b
• Ennia Gen. Ins. Co., Ltd. v. Albert W. Auld, M.D.
  506 So. 2d 62· Fla. 4th DCA· 1987-04-29 ·cited 6×
  An insurance company issued a settlement draft for $75,000 with a release clause for all claims on a total loss dispute. The insured modified the release language to preserve his rights, cashed the draft, and then sued for the remaining $25,000. The court held that the insured co
• Bowater N. Am. Corp. v. Murray Mach., Inc.
  773 F.2d 71· 6th Cir.· 1985-09-16 ·cited 6×
  The court held that a dispute over the interpretation of a settlement agreement's terms, after performance has begun, does not constitute a mistake requiring a jury trial, and Rule 52 does not apply to the enforcement of settlement agreements.
• Milgard Tempering, Inc. v. Selas Corp. OF Am.
  761 F.2d 553· 9th Cir.· 1985-05-22 ·cited 6×
  A contractual limitation on consequential damages is not enforceable as a matter of law when the exclusive remedy of repair or replacement has failed of its essential purpose.
• Camel Invs., Inc. v. Orval R. Webber
  468 So. 2d 340· Fla. 1st DCA· 1985-04-15 ·cited 6×
  Camel Investments appeals a judgment in a dispute over the purchase of an oil company, challenging the damages awarded for breach of a non-compete clause and breach of a supply agreement, and seeking attorney's fees. The court reverses the damages calculation and awards attorney'