DEUTSCHE CREDIT CORPORATION, APPELLANT,
v.
THURMAN G. PENINGER AND CLAUDIA G. PENINGER, APPELLEES
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Deutsche Credit Corporation appealed the dismissal of its deficiency judgment claim against Thurman Peninger after his wife signed contracts in his name without authorization. The court reversed, holding that whether Thurman ratified his wife's unauthorized signature presented a genuine issue of material fact precluding summary dismissal.
The trial court erred in dismissing the complaint against Thurman Peninger because a genuine issue of material fact exists regarding whether he ratified his wife's unauthorized acts. The case was reversed and remanded for further proceedings to determine ratification.
[1] Ratification of an agreement occurs when a person expressly or impliedly adopts an act or contract entered into on their behalf by another without authority.
[2] An agreement is deemed ratified when the principal has full knowledge of all material facts and circumstances relating to the unauthorized act or transaction at the time…
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Join FLexlaw to unlock all legal intelligence“Ratification of an agreement occurs where a person expressly or impliedly adopts an act or contract entered into in his or her behalf by another without authority.”
Establishes the legal standard for ratification that applies to the unauthorized signatures
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Join FLexlaw to unlock all legal intelligenceClaudia Peninger signed both her own name and her husband Thurman's name to a retail installment contract and credit extension agreement for a tractor…
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DAUKSCH, Judge.
Deutsche Credit Corporation appeals an order denying its motion for summary judgment and dismissing its complaint against Thurman Peninger. The facts show that Claudia Peninger signed both her name and her husband’s name, Thurman Peninger, to a retail installment contract for the purchase of a tractor and later to a credit extension agreement. She told her husband that she had signed his name to the contract and to the extension agreement with Deutsche Credit Corporation, assignee of the retail installment contract. The Peningers used the truck for almost three years at which point they defaulted on their loan.
Deutsche Credit obtained a writ of re-plevin and eventually repossessed the tractor. It then sold the tractor and filed a motion for summary judgment against the Peningers seeking a deficiency judgment for the remaining balance. The trial court granted Deutsche Credit Corporation’s motion for summary judgment as to Claudia Peninger and entered judgment in the amount of $34,532.61. It denied the motion for summary judgment as to Thurman Pen-inger and dismissed the corporation’s complaint against him.
We reverse the trial court’s dismissal of Deutsche Credit Corporation’s complaint against Thurman Peninger and remand for further proceedings. The record in this case contains a genuine issue of material fact as to whether Thurman Pen-inger ratified his wife’s signature on the retail installment contract and the extension agreement.
Ratification of an agreement occurs where a person expressly or impliedly adopts an act or contract entered into in his or her behalf by another without authority. Carolina Georgia Carpet & Textiles, Inc. v. Pelloni, 370 So. 2d 450 (Fla. 4th DCA 1979). See also Port Largo Club, Inc. v. Warren, 476 So. 2d 1330 (Fla. 3d DCA 1985); G & M Restaurants Corp. v. Tropical Music Service, Inc., 161 So. 2d 556 (Fla. 2d DCA 1964). An agreement is deemed ratified where the principal has full knowledge of all material facts and circumstances relating to the unauthorized act or transaction at the time of the ratification. G & M, 161 So. 2d at 558. See also Ball v. Yates, 158 Fla. 521, 29 So. 2d 729 (1946), cert. den., 332 U.S. 774, 68 S.Ct. 66, 92 L.Ed. 359 (1947); Pedro Realty Inc. v. Silva, 399 So. 2d 367 (Fla. 3d DCA 1981); Bach v. Florida State Bd. of Dentistry, 378 So. 2d 34 (Fla. 1st DCA 1979). An affirmative showing of the principal’s intent to ratify the act in question is required. Pel-loni, 370 So. 2d at 452. Moreover, the issue of whether an agent’s act has been ratified by the principal is a question of fact. One Hour Valet of America, Inc. v. Keck, 157 So. 2d 83 (Fla. 2d DCA 1963). Because there remains a genuine issue of material fact as to whether Thurman Peninger ratified his wife’s acts in the present case, the order of dismissal is reversed.
REVERSED and REMANDED.
PETERSON and GRIFFIN, JJ., concur.
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Stalley v. Transitional Hosps. Corp. OF Tampa, Inc., 44 So. 3d 627 (Fla. 2d DCA 2010)…. Ins. Co. v. Magaha, 769 So. 2d 1012, 1021 (Fla.2000) (quoting Ball v. Yates, 158 Fla. 521, 29 So. 2d 729, 732 (1946)); G & M Rests. Corp. v. Tropical Mitsic Serv., Inc., 161 So. 2d 556, 557-58 (Fla. 2d DCA 1964); Deutsche Credit Corp. v. Peninger, 603 So. 2d 57, 58 (Fla. 5th DCA 1992). While ratification need not be expressed in words, there must be some intelligent act or conduct of the principal, “made with a full knowledge of the facts, which clearly shows an intention to be bound.” Perper v. Edell, 160…
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Klaus Zurstrassen v. Stonier, 786 So. 2d 65 (Fla. 4th DCA 2001)…atification occurs where a party with full knowledge of all the material facts makes an affirmative showing of his or her express or implied intention to adopt an act or contract entered into without authority. See Deutsche Credit Corp. v. Peninger, 603 So. 2d 57, 58 (Fla. 5th DCA 1992). The issue is one of fact. Id. at 58-59. If a party knows of a fraud, does not reject it, and takes any material act inconsistent with an intent to avoid it or delays in asserting any remedial rights, then that party ratifies…
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S. Fla. Coastal Elec., Inc. v. Treasures ON the BAY II Condo Ass'n, Inc., 89 So. 3d 264 (Fla. 3d DCA 2012)…e Edwards v. Law, 46 Fla. 203, 36 So. 569, 570 (1903), but a principal who fails to repudiate or prevent a previously-authorized agent’s continued representation can be held responsible for the agent’s actions. See Deutsche Credit Corp. v. Peninger, 603 So. 2d 57, 58-59 (Fla. 5th DCA 1992). Summary judgment must be reversed in this case because the record reveals a disputed issue of material fact. The complaint and answer alleged a dispute regarding whether the invoices, which were directed to “Treasures on…
Previewing 3 of 9 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Ball v. Yates, 158 Fla. 521 (Fla. 1946)
- Bach v. Fla. State Bd. OF Dentistry, 378 So. 2d 34 (Fla. 1st DCA 1979)
- Pedro Realty Inc. v. Silva, 399 So. 2d 367 (Fla. 3d DCA 1981)
- Port Largo Club, Inc. v. Warren, 476 So. 2d 1330 (Fla. 3d DCA 1985)
- Halstead v. Indus. Accident Comm'n, 332 U.S. 774 (U.S. 1947)
- G & M Rests. Corp. v. Tropical Music Serv., Inc., 161 So. 2d 556 (Fla. 2d DCA 1964)
- ONE Hour Valet OF Am., Inc. v. Keck, 157 So. 2d 83 (Fla. 2d DCA 1963)
- Carolina-Georgia Carpet & Textiles, Inc. v. Pelloni, 370 So. 2d 450 (Fla. 4th DCA 1979)