Florida Statute 95.04 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title VIII
LIMITATIONS

Chapter 95
LIMITATIONS OF ACTIONS; ADVERSE POSSESSION

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95.04 Promise to pay barred debt.—An acknowledgment of, or promise to pay, a debt barred by a statute of limitations must be in writing and signed by the person sought to be charged.

History.—s. 1, ch. 4375, 1895; GS 1717; RGS 2930; CGL 4650; s. 6, ch. 74-382.

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Amendments to 95.04

Annotations, Discussions, Cases:

Cases Citing Statute 95.04

Total Results: 9

Deakter v. Menendez

830 So. 2d 124, 2002 WL 2008195

District Court of Appeal of Florida | Filed: Sep 4, 2002 | Docket: 471439

Cited 15 times | Published

on the 1988 notes was time-barred in 1995, section 95.04, Florida Statutes (1982), provides that a promise

Kitchens v. Kitchens

142 So. 2d 343

District Court of Appeal of Florida | Filed: May 25, 1962 | Docket: 1514268

Cited 8 times | Published

meeting the requirements of the Statute of Frauds, § 95.04, Florida Statutes, F.S.A., and the debt was thereby

Davis v. State

928 So. 2d 442, 2006 WL 1144464

District Court of Appeal of Florida | Filed: Apr 28, 2006 | Docket: 1405989

Cited 7 times | Published

under section 95.4(a), the state could not prosecute him for the same actions under section 95.4(b). This

In re Eddy

572 B.R. 774, 2017 Bankr. LEXIS 1854

United States Bankruptcy Court, M.D. Florida | Filed: Jun 30, 2017 | Docket: 65790031

Cited 2 times | Published

both parties correctly cite to Florida Statute Section 95.04 as controlling law. Under that statute and related

Schroeder v. Manceri

893 So. 2d 603, 2005 WL 156712

District Court of Appeal of Florida | Filed: Jan 26, 2005 | Docket: 1720623

Cited 2 times | Published

require a writing in certain situations. Under section 95.04, Florida Statutes, a promise to pay a debt barred

Nolden v. Nolden

650 So. 2d 84, 1995 Fla. App. LEXIS 117, 1995 WL 10494

District Court of Appeal of Florida | Filed: Jan 13, 1995 | Docket: 64754157

Published

limitations, was revived under the provisions of section 95.04, Florida Statutes: An acknowledgment of or a

In re Kessler Manufacturing Corp.

109 B.R. 516, 1989 Bankr. LEXIS 2312

United States Bankruptcy Court, S.D. Florida. | Filed: Dec 29, 1989 | Docket: 65779944

Published

statutory section. In this case, FLA.STAT. Section 95.04 is controlling, because the alleged acknowledgment

Sebastian Enterprises, Inc. v. Florida First National Bank at Vero Beach

345 So. 2d 827

District Court of Appeal of Florida | Filed: Apr 29, 1977 | Docket: 64558461

Published

11, Florida Statutes (1975) was applicable. Section 95.04, Florida Statutes (1975) provides “an acknowledgement

Cheek v. Long

235 So. 2d 349, 1970 Fla. App. LEXIS 6407

District Court of Appeal of Florida | Filed: May 13, 1970 | Docket: 64514655

Published

600; 5 Fla.Jur., Brokers, § 50; 12 C.J.S. Brokers § 95(4), p. 227; 156 A.L.R. 1387. In the case sub judice

This Florida statute resource is curated by Graham W. Syfert, Esq., a Jacksonville, Florida personal injury and workers' compensation attorney. Attorney Syfert regularly works with Chapter 95 in the context of civil statutes of limitations and represents clients throughout Northeast Florida. For legal consultation, call 904-383-7448.