U.S. ALLIANCE MANAGEMENT CORP., ETC.
v.
APEIRON MIAMI, LLC, ETC.
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A defendant satisfies Florida Statute § 68.065(6) and precludes treble damages liability on a worthless check claim by tendering to the court before the hearing an amount equal to the worthless check, service charge, court costs, and bank fees.
[1] Under Florida Statute § 68.065(6), a maker or drawer of a worthless check may preclude treble damages liability by tendering to the court before the hearing an amount equ…
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Join FLexlaw to unlock all legal intelligence“Tendering the sum to the court would, in our view, constitute good faith compliance with the statute and would preclude a claim for treble damages.”
Court citing F & A Dairy Prods., Inc. v. Imperial Food Distribs., Inc., 798 So. 2d 803, 804 (Fla. 4th DCA 2001)
U.S. Security sued Apeiron for issuing a worthless check. Apeiron tendered to the court an amount equal to the worthless check, service charge, court …
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Third District Court of Appeal State of Florida
Opinion filed June 18, 2025. Not final until disposition of timely filed motion for rehearing.
________________
No. 3D24-74 Lower Tribunal No. 19-37239 ________________
U.S. Alliance Management Corp., etc., Appellant,
vs.
Apeiron Miami, LLC, etc., Appellee.
An Appeal from the Circuit Court for Miami-Dade County, Charles Kenneth Johnson, Judge.
Michael P. Reitzell, P.A., and Michael P. Reitzell (West Palm Beach), for appellant.
Stok Kon + Braverman and Yosef Kudan and David I. Rosenblatt (Ft. Lauderdale), for appellee.
Before LOGUE, C.J., and MILLER and LOBREE, JJ.
PER CURIAM.
U.S. Alliance Management Corporation, d/b/a U.S. Security (“U.S.
1 While we express no opinion on the arguments raised on the issue, we note that section 68.065(6) expressly provides: “Other provisions notwithstanding, the maker or drawer is liable to the payee for all attorney fees and collection costs incurred by payee as a result of the payee’s claim.”
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- Yampol v. Turnberry Isle S. Condo Assoc., 250 So. 3d 835 (Fla. 3d DCA 2018)
- Krontz v. Loree Rene Feiler and Jeffrey E. Feiler, 553 So. 2d 1302 (Fla. 3d DCA 1989)
- F & A Dairy Prods., Inc. v. Imperial Food Distribs., Inc., 798 So. 2d 803 (Fla. 4th DCA 2001)
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