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

• Nikora v. Mayer
  257 F.2d 246· 2d Cir.· 1958-07-30 ·cited 2×
  The court held that the buyer's failure to obtain a mortgage terminated the contract, and his subsequent certification of a refund check constituted an accord and satisfaction, discharging any further contractual claims.
• Kaufman v. Bernstein
  100 So. 2d 801· Fla.· 1958-02-28 ·cited 2×
  A mortgagee's sister sought to foreclose on a mortgage note originally executed by Harry Kaufman to his brother Louis. The issue was whether a settlement check accepted by the note holder extinguished the debt owed to the mortgagee's sister, who held an assigned interest in the m
• The Kan. Power & Light Co. v. Hugoton Prod. Co.
  251 F.2d 946· 10th Cir.· 1958-01-28 ·cited 2×
  The court held that the Kansas Company's method of computing BTUs was incorrect under the contract, and acceptance of payments did not constitute an accord and satisfaction because the parties understood the dispute was unresolved.
• Sorensen v. City OF NEW York & four other cases
  202 F.2d 857· 2d Cir.· 1953-03-20 ·cited 2×
  A seaman employed by a municipality cannot recover overtime pay for work performed outside normal hours unless there is an express contract authorized by local law, even if the work is maritime in nature.
• Sinclair Ref. Co. v. Gutowski
  195 F.2d 637· 6th Cir.· 1952-04-03 ·cited 2×
  The court held that the jury could reasonably infer that the appellant's agents had the authority to orally lease the service station, and that the oral lease for one year was not barred by the Statute of Frauds.
• Eckert-Fair Const. Co. v. Capitol Steel & Iron Co.
  178 F.2d 338· 5th Cir.· 1949-12-09 ·cited 2×
  The court held that the defendant failed to prove accord and satisfaction for the disputed contract claims, but the plaintiff's claim for doors installed by mistake was not sufficiently proven.
• United States v. Wade
  170 F.2d 298· 1st Cir.· 1948-10-29 ·cited 2×
  A prior partial settlement under the Military Claims Act for specific damages does not bar a subsequent claim under the Federal Tort Claims Act for the full extent of damages, including pain and suffering.
• Essington v. Parish
  164 F.2d 725· 7th Cir.· 1947-11-20 ·cited 2×
  The court held that the defendant failed to prove accord and satisfaction or that the instruments executed with Mayo and Crandall constituted a release of claims against them, and that the prior New York suit did not bar the current action due to lack of inconsistency.
• Le Duc v. Normal Park Presbyterian Church
  142 F.2d 105· 7th Cir.· 1944-05-04 ·cited 2×
  The court held that the plaintiff's employment was properly terminated by church authorities and that his claims for unpaid salary and pension contributions were barred by prior adjudications and his acceptance of partial payments.
• Nat'l Labor Relations Bd. v. Sunshine Min. Co.
  133 F.2d 422· 9th Cir.· 1943-02-05 ·cited 2×
  The court held that the respondent should not be adjudged in contempt for issuing back pay checks with a "full payment" receipt, given the Board's delayed disapproval after prior correspondence.
• Cross v. Hurlburt
  120 Fla. 85· Fla.· 1935-06-14 ·cited 2×
  The Florida Supreme Court affirmed a foreclosure decree, finding no reversible error in the lower court's decision despite the mortgagor's attempt to satisfy the debt with bonds that were not delivered within the agreed-upon timeframe.
• Polk Cnty. Lumber Co. v. Dwiggins
  100 Fla. 559· Fla.· 1930-08-04 ·cited 2×
  In this mortgage foreclosure appeal, the Florida Supreme Court held that Polk County Lumber Company became liable for a mortgage debt originally executed by Gulledge Lumber Company when Polk County was organized to take over Gulledge's assets and liabilities. The Court rejected P
• Smoot v. Strauss
  21 Fla. 611· Fla.· 1885-06-01 ·cited 2×
  Executors of a deceased landlord sued to recover rent for a store in Monticello under Florida's distress remedy statute. The jury found for the defendant, and the Supreme Court affirmed, holding that the executors failed to prove the alleged rent obligation as stated in their aff
• Palma v. Regions Bank
  428 So. 3d 214· Fla. 3d DCA· 2026-02-04 ·cited 1×
  Armando Palma appeals from an order denying his motion to quash a writ of garnishment, arguing that a release of lien executed by Regions Bank precluded further collection efforts on a judgment. The Third District Court of Appeal affirmed, holding that the release of lien only di
• Latasha Fulton Allen and Travis Allen v. Montalvan
  201 So. 3d 705· Fla. 4th DCA· 2016-08-31 ·cited 1×
  The Fourth District Court of Appeal reversed a trial court's enforcement of a settlement agreement in an automobile accident case involving minor children. The court held that the settlement was invalid because it failed to comply with Florida Statutes section 744.3025(1)(b), whi
• Poole v. Crabtree
  566 So. 2d 597· Fla. 5th DCA· 1990-09-13 ·cited 1×
  The court held that the lower tribunal erred in granting summary judgment because the record did not establish without dispute that the plaintiff intended to relinquish her claims in exchange for the consideration offered.
• PAN Am. Stone Co., Inc. v. Gweneth C. Landry
  526 So. 2d 197· Fla. 4th DCA· 1988-06-08 ·cited 1×
  The court held that a trial court's decision will be affirmed if supported by the evidence, even if the reasoning is flawed.
• NN Invs. Life Ins. Co. v. The Prof'l Grp., Inc.
  468 So. 2d 532· Fla. 3d DCA· 1985-05-14 ·cited 1×
  NN Investors Life Insurance Company appeals a jury verdict awarding damages to The Professional Group, Inc. for the tort of "economic duress." The court holds that economic duress is not a recognized tort in Florida or most jurisdictions, and reverses the judgment.
• Howard v. Greer
  440 So. 2d 1309· Fla. 3d DCA· 1983-10-25 ·cited 1×
  The Howards, judgment creditors of an insolvent real estate trust, sought to recover proceeds from a malpractice action brought by the trust's attorney. The court affirmed summary judgment for the defendants, holding that the Howards had waived their right to the malpractice proc
• Woods-Tucker Leasing Corp. OF Ga. v. Kellum
  641 F.2d 210· 5th Cir.· 1981-03-30 ·cited 1×
  The court held that the settlement agreement and promissory notes suspended, rather than discharged, the underlying lease obligation, and thus suspended the guarantor's liability. The district court erred by entering judgment before the obligation was due.
• Robert E. Roll and Duane v. Johnson
  293 So. 2d 370· Fla. 4th DCA· 1974-04-05 ·cited 1×
  Architects Roll and Johnson contracted with Spero and others to provide architectural services for a percentage of construction costs. After the owners abandoned the project when bids came in at $414,000, the architects sued for the balance of their fees, and the court awarded th
• Fashion Mart Bldg., Inc. v. Herman A. Thomas, Inc.
  234 So. 2d 731· Fla. 3d DCA· 1970-04-28 ·cited 1×
  The court affirmed the trial court's judgment that retention of a check marked as payment in full constituted an accord and satisfaction, finding the trial judge's factual determinations regarding the amount due, plaintiff's intent, and reasonableness of retention were supported
• Laurence H. Grimes v. Holt
  225 So. 2d 566· Fla. 3d DCA· 1969-07-15 ·cited 1×
  A stock brokerage firm obtained summary judgment against a customer for conversion of securities and money had and received. The appellate court reversed, holding that genuine issues of material fact existed regarding the customer's affirmative defenses of accord and satisfaction
• Seymour D. Robinson v. Friedman
  219 So. 2d 54· Fla. 3d DCA· 1969-02-18 ·cited 1×
  The appellate court affirmed a summary judgment for the defendants, holding that the plaintiff's claims of fraud were resolved by a subsequent accord and satisfaction and a general release.
• Cohn v. Little
  199 F.2d 28· 8th Cir.· 1952-09-25 ·cited 1×
  The court held that the trial court correctly applied Arkansas law in voiding the tax sale due to an illegal tax assessment, which could not be cured by a confirmation decree.
• Atria Holdings, S.A. v. Golden Fla. Trade LLC
  M.D. Fla.· 2025-12-16
  A motion to dismiss based on affirmative defenses like election of remedies or statute of limitations is generally inappropriate unless the defense is apparent from the face of the complaint.
• Joseph v. Gen. Conf. Corp. of 7th Day Adventist
  S.D. Fla.· 2025-05-21
  State-law claims dismissed on supplemental jurisdiction grounds must be dismissed without prejudice to refiling in state court, not with prejudice; federal claims dismissed on the merits for failure to state a claim under RICO remain dismissed with prejudice.
• McRae v. Bank of Am., N.A.
  Fla. 5th DCA· 2025-05-02
  McRae appeals a summary judgment entered against her in favor of National Lending Services, LLC, for the remaining balance on a loan originally made by Bank of America. The core issue is whether McRae and the lender reached an accord and satisfaction when the lender accepted a $1
• Smith v. Cap. One Auto Fin., Inc.
  Fla. 4th DCA· 2023-11-01
  The appellate court affirmed a lower court's summary judgment for Capital One Auto Finance, Inc. The court found that Lydia Smith's attempt to satisfy her auto loan by sending a check marked "PAID In Full" did not constitute accord and satisfaction because there was no bona fide
• Turner v. Rocket Mortg., LLC
  S.D. Fla.· 2023-08-11
  A settlement agreement announced in open court is enforceable under Florida law, even if not reduced to writing or signed, provided there was a meeting of the minds on all essential terms.
• Commons v. Spracklen
  Fla. 2d DCA· 2022-12-21
  The appellate court reversed a lower court's decision that denied an attorney's charging lien. The court found that the attorney had established the necessary elements for the lien, even though the client did not directly dispute the fee amount, because the funds were not fully d
• Constr. Consulting, Inc. v. THE Dist. Bd. of Trs. of Broward Coll.
  347 So. 3d 14· Fla. 4th DCA· 2022-09-07
  Construction Consulting, Inc. (CCI) appealed a summary judgment granted to Broward College, arguing it was owed additional payment, including statutory interest. The appellate court affirmed, holding that CCI's acceptance of a "Final Payment" offered with a reconciliation report
• United Auto. Ins. Co. v. Millennium Radiology, LLC
  Fla. 3d DCA· 2022-08-17
  Collateral estoppel does not apply when a party's identity changes from case to case based on different assignors, as the identity element of collateral estoppel is not satisfied.
• Lemon v. People's Tr. Ins. Co.
  344 So. 3d 56· Fla. 5th DCA· 2022-06-03
  Accord and satisfaction does not bar a supplemental insurance claim where the original check and settlement language explicitly referenced only the damages previously reviewed and adjusted, and Florida law permits supplemental claims for newly discovered hurricane damage.
• Bluegreen Vacations Unlimited, Inc. v. Timeshare Termination Team, LLC
  S.D. Fla.· 2022-05-26
  The court granted in part and denied in part the motion to strike affirmative defenses, striking only the Tenth Affirmative Defense for being frivolous.
• Certified Priority Restoration v. Universal Ins. Co. of N. Am.
  Fla. 4th DCA· 2021-08-18
  # LEGAL BRIEF **Certified Priority Restoration v. Universal Insurance Company of North America**, 4D21-374 (Fla. 4th DCA Aug. 18, 2021): Appellant CPR, an assignee of insured Cheryl Coakley, appeals summary judgment in favor of Universal Insurance regarding coverage for water da
• Mtglq Invs., LP v. Leones
  Fla. 4th DCA· 2021-04-07
  A mortgage lender seeking foreclosure on the original loan documents is not required to plead a loan modification in its complaint where the lender does not base its claim or evidence on the modification. When a loan modification is asserted as an avoidance of liability, pleading
• Star2star Commc'ns, LLC v. AMG Grp. of Brunswick, LLC
  M.D. Fla.· 2020-11-04
  The Court denied the defendant's motion for judgment on the pleadings because it was filed prematurely and because the issue of accord and satisfaction presented a material question of fact.
• PB Legacy, Inc. v. Am. Mariculture, Inc.
  M.D. Fla.· 2020-01-23
  The court held that Kenneth Gervais is not personally liable under the Term Sheet and that American Mariculture failed to present evidence of falsity for its fraudulent inducement claim.
• Anibal Tovar v. Jennika Russell
  238 So. 3d 835· Fla. 4th DCA· 2018-02-28
  Plaintiff appeals the trial court's order enforcing a settlement agreement with State Farm following an automobile accident. The plaintiff argued no meeting of the minds occurred because State Farm's request for a release constituted a counteroffer with new material terms. The co
• Thompson v. Est. OF Kendrick Kevin Maurice
  150 So. 3d 1183· Fla. 4th DCA· 2014-11-12
  A personal representative of a deceased passenger's estate sought damages for wrongful death but the trial court enforced a pre-suit settlement agreement with the defendant's insurer (GEICO). The appellate court reversed, holding that no binding settlement existed because GEICO's
• United Auto. Ins. Co. v. Rupert Ramgadoo
  9th Cir. Ct. App. Div.· 2014-05-04
  United Automobile Insurance Company appeals a trial court's award of attorney's fees and costs to Rupert Ramgadoo in a personal injury protection (PIP) benefits dispute. The appellate court affirmed, finding that United Auto's conditional payment of mileage reimbursement benefits
• Fla. Certified Sign Erectors, LLC v. Kieffer & Co., Inc
  9th Cir. Ct. App. Div.· 2014-03-24
  Florida Certified Sign Erectors appealed a trial court's grant of summary judgment in favor of Kieffer and an award of attorney's fees to Kieffer in a breach of contract dispute over unpaid sign installation work. The appellate court affirmed the attorney's fees award but found t
• Crystal Colony Condo. Ass'n v. Aspen Specialty Ins.
  S.D. Fla.· 2014-03-21
  The court held that a release signed by the plaintiff, which included forbearance from pursuing legal action, was supported by valid consideration and barred the plaintiff's subsequent declaratory judgment action.
• Del. IN & FOR NEW Castle Cnty. Rodman Constr. Co., Inc.
  Del. Super. Ct.· 2013-01-08
  The Delaware Superior Court awarded plaintiffs Rodman Construction Co. and Northeast Construction a total of $467,171.54 plus additional attorneys' fees, interest, and costs. The court found in favor of the plaintiffs on most of their claims, including back charges for safety fin
• Warren v. State Farm Mut
  9th Cir. Ct. App. Div.· 2012-11-30
  In this PIP (personal injury protection) insurance dispute, the court held that a medical provider's cashing of an insurance check marked "FULL AND FINAL PAYMENT" constituted an accord and satisfaction, precluding the provider from seeking additional benefits for the same period
• United Prop. & Cas. Ins. Co. v. Valladares
  73 So. 3d 310· Fla. 3d DCA· 2011-10-19
  The court held that the insureds' acceptance of a $23,000 settlement payment, made pursuant to a consent order and referencing the specific claim, constituted an accord and satisfaction, barring a subsequent claim for loss of use damages related to the same incident.
• Bacon v. Stiefel Labs., Inc.
  236 F. Supp. 842· S.D. Fla.· 2011-07-21
  The court held that the plaintiffs failed to demonstrate that common issues predominated over individual ones or that a class action was superior to individual actions, thus denying class certification.
• Share v. Medina
  50 So. 3d 705· Fla. 4th DCA· 2010-12-15
  In this trust and contract dispute, the Fourth District Court of Appeal reversed summary judgment on three counts involving alleged breach of trust duties by co-trustee David Share, finding material factual disputes regarding the extent of breaches and damages. The court affirmed
• Hack v. Chuck Norris Drywall/Amerisure Ins. Co.
  46 So. 3d 1137· Fla. 1st DCA· 2010-10-29
  The Florida First District Court of Appeal reversed a Judge of Compensation Claims' (JCC) order that dismissed an attorney's claim for additional fees and costs in a workers' compensation settlement. The court held that entry of an order approving a settlement agreement does not