FRANK J. MORTELL, APPELLANT,
v.
KEITH, MACK, LEWIS & ALLISON, APPELLEE
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PER CURIAM.
We conclude that the appellee-law firm’s negotiation of its client’s check marked “paid in full," which was submitted with a letter clearly demonstrating his position that the sum was in complete payment of the amounts due in an outstanding fee dispute between the two, effected an accord and satisfaction of the law firm’s claim as a matter of law. Ennia Gen. Ins. Co. v. Auld, 506 So. 2d 62 (Fla. 4th DCA 1987); Eder v. Yvette B. Gervey Interiors, Inc., 407 So. 2d 312 (Fla. 4th DCA 1981); Rudick v. Rudick, 403 So. 2d 1091 (Fla. 3d DCA 1981); Yelen v. Cindy’s, Inc., 386 So. 2d 1234 (Fla. 3d DCA 1980), pet. for review dismissed, 394 So. 2d 1154 (Fla.1980); Pino v. Lopez, 361 So. 2d 192 (Fla. 3d DCA 1978), cert. denied, 365 So. 2d 714 (Fla.1978). Accordingly, the judgment entered below for the law firm for additional fees is reversed and the cause remanded with directions to enter judgment for the appellant.
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Republic Funding Corp. OF Fla. v. Juarez, 563 So. 2d 145 (Fla. 5th DCA 1990)…mission as well as for $11,900 (10% of $119,000) claimed as commission on the .71 acre parcel. The owner-seller pleaded the affirmative defense of accord and satisfaction and moved for summary judgment citing Mortell v. Keith, Mack, Lewis & Allison, 528 So. 2d 1362 (Fla. 3d DCA 1988) as authority for the proposition that the letter and check for $44,982.53 constituted an accord and satisfaction as a matter of law. The trial judge granted summary judgment in favor of the owner. The broker appeals. We reverse.…
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United Auto. Ins. Co. v. Palm Chiropractic Ctr., Inc., 51 So. 3d 506 (Fla. 4th DCA 2010)…rd to the claim for which payment was tendered. See Eder v. Yvette B. Gervey Interiors, Inc., 407 So. 2d 312 (Fla. 4th DCA 1981); Ennia Gen. Ins. Co., Ltd. v. Auld, 506 So. 2d 62 (Fla. 4th DCA 1987); see also Mortell v. Keith, Mack, Lewis & Allison, 528 So. 2d 1362 (Fla. 3d DCA 1988). At the time the check was tendered in this case, there were sessions for which United Auto was not offering to pay. The check and the cover letter clearly indicated the insurer’s position that no further payments would be made. T…
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ST. Mary's Hosp., Inc. v. Schocoff, 725 So. 2d 454 (Fla. 4th DCA 1999)…summary judgment for the insurer, citing as authority Ennia Gen. Ins. Co., Ltd. v. Auld, 506 So. 2d 62 (Fla. 4th DCA [*456] 1987); Eder v. Yvette B. Gervey Interiors, Inc., 407 So. 2d 312 (Fla. 4th DCA 1981); Mortell v. Keith, Mack, Lewis & Allison, 528 So. 2d 1362 (Fla. 3d DCA 1988); Yelen v. Cindy’s, Inc., 386 So. 2d 1234 (Fla. 3d DCA 1980); and Pino v. Lopez, 361 So. 2d 192 (Fla. 3d DCA 1978). We disagree. The facts in this case are distinguishable in a very significant particular from each of the cases on…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Pino v. Lopez, 361 So. 2d 192 (Fla. 3d DCA 1978)
- Rudick v. Rudick, 403 So. 2d 1091 (Fla. 3d DCA 1981)
- Yelen v. Cindy's, Inc., 386 So. 2d 1234 (Fla. 3d DCA 1980)
- Eder v. Yvette B. Gervey Interiors, Inc., 407 So. 2d 312 (Fla. 4th DCA 1981)
- Ennia Gen. Ins. Co., Ltd. v. Albert W. Auld, M.D., 506 So. 2d 62 (Fla. 4th DCA 1987)