CopyCited 15 times | Published | Florida 3rd District Court of Appeal | 2002 WL 2008195
...Regency Highland Condominium Ass'n,
452 So.2d 583 (Fla. 4th DCA 1984) (holding that execution of a note in satisfaction of an antecedent debt is satisfactory consideration for the note). Even if, as Menendez suggests, any claim on the 1988 notes was time-barred in 1995, section
95.04, Florida Statutes (1982), provides that a promise to pay a debt barred by the statute of limitations is enforceable if signed and in writing. See Nolden v. Nolden,
650 So.2d 84 (Fla. 5th DCA 1995). Of course, it remains the province of the trier of fact to determine whether the 1995 note was "an acknowledgment of, or promise to pay, a debt barred by a statute of limitations." §
95.04, Fla....
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Cited as authorityPhan (2016)phrase: "rule_authority"
CopyCited 7 times | Published | Florida 5th District Court of Appeal | 2006 WL 1144464
under section 95.4(a), the state could not prosecute him for the same actions under section 95.4(b). This
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Cited as authorityEllis (2009)phrase: "rule_authority"
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
...These oral promises avoid the operation of the Statute of Limitations, and they constitute a new cause of action upon which Thaddeus could rely. Even if the promise to pay the debt was barred by the Statute of Limitations, the note and mortgage constitute a writing, thus meeting the requirements of the Statute of Frauds, § 95.04, Florida Statutes, F.S.A., and the debt was thereby revived....
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Cited as authorityPapadopolous (1999)phrase: "rule_authority"
CopyCited 2 times | Published | United States Bankruptcy Court, M.D. Florida | 2017 Bankr. LEXIS 1854
...12 The 1986 Note became due on December 20, 2001, and was not paid within five years. As such, the limitations period under Florida law expired. The Court finds however, that the 1986 Note was revived by both the 2008 Note and the 2010 Note. In discussing this issue, both parties correctly cite to Florida Statute Section 95.04 as controlling law....
...See In re Baggett Bros. Farm Inc., 315 Fed.Appx. 840, 843 (11th Cir. 2009). . See In re Bavelis,
490 B.R. 258, 308 (Bankr. S.D. Ohio 2013); In re White,
168 B.R. 825, 829 (Bankr. D. Conn. 1994). . Fla. Stat. §
95.11 (2)(b) (2016). . See Fla. Stat. §
95.04 ; Nolden v....
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Cited as authorityMaples (2020)phrase: "rule_authority"
CopyCited 2 times | Published | Florida 4th District Court of Appeal | 2005 WL 156712
...An oral extension of a contract like an oral contract is valid. See St. Joe Corp. v. McIver,
875 So.2d 375, 381 (Fla.2004) (stating that "[o]ral brokerage contracts, like other oral contracts, are valid and enforceable.") Florida does have statutes which require a writing in certain situations. Under section
95.04, Florida Statutes, a promise to pay a debt barred by the statute of limitations must be in writing. Similarly, Florida's Statute of Frauds bars oral contracts in certain other situations. See §
725.01, Fla. Stat. (2003). However, the extension in this case was not required to have been in writing under either section
95.04 or section
725.01....
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CopyPublished | District Court of Appeal of Florida
...The trial court entered judgment in that amount plus interest. It was agreed by all parties and the record supports the fact that the statute of limitations had run on the debts since no notes were produced and the four year limit under Section
95.11, Florida Statutes (1975) was applicable. Section
95.04, Florida Statutes (1975) provides “an acknowledgement of ....
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Cited as authorityPear (1996)phrase: "rule_authority"
Cited as authorityDiamond (1994)phrase: "rule_authority"
CopyPublished | District Court of Appeal of Florida | 1995 Fla. App. LEXIS 117, 1995 WL 10494
HARRIS, Chief Judge. The dispositive issue in this case is whether Susan Nolden’s debt (evidenced by a promissory note), barred by the statute of limitations, was revived under the provisions of section 95.04, Florida Statutes: An acknowledgment of or a promise to pay a debt barred by the statute of limitations must be in writing and signed by a person sought to be charged....
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CopyPublished | District Court of Appeal of Florida | 1970 Fla. App. LEXIS 6407
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
CopyPublished | United States Bankruptcy Court, S.D. Florida. | 1989 Bankr. LEXIS 2312
...The effect of a balance sheet or oral acknowledgement of a debt, made after the limitations period has expired, is not within the scope of those decisions. As a general rule, such a fact pattern falls under a different statutory section. In this case, FLA.STAT. Section 95.04 is controlling, because the alleged acknowledgment of CLAIMANT’S 1979 and 1982 loans occurred after the four and five year limitation periods had expired (8 and 5 + years). FLA.STAT. Section 95.04 provides: 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....
...However, the lack of cases with this fact pattern is easily understandable. Under normal business conditions, most corporations do not wait 8 to 9 years after incurring a debt, before they begin to report it on the company’s financial statements. Moreover, the requirements of FLA. STAT. Section 95.04, applicable to this case, have not been met by the CLAIMANT. The signature of an independent accountant on the cover letter to the financial statements is not “signed by the party to be charged” as required by FLA.STAT. Section 95.04....
