Florida Statutes

Fla. Stat. § 725.04 (2025)

Voluntary payment; pleading.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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725.04 Voluntary payment; pleading.—When a suit is instituted by a party to a contract to recover a payment made pursuant to the contract and by the terms of the contract there was no enforceable obligation to make the payment or the making of the payment was excused, the defense of voluntary payment may not be interposed by the person receiving payment to defeat recovery of the payment.

History.—ss. 1, 2, ch. 21902, 1943; s. 1, ch. 29737, 1955; s. 41, ch. 67-254.

Note.—Former s. 52.24.

Notes of Decisions

Cited in 10 cases (1 in the last 5 years), 1985–2023 · leading case: Brink v. Raymond James & Assocs., Inc., 341 F. Supp. 3d 1314 (S.D. Fla. 2018).

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Brink v. Raymond James & Assocs., Inc., 341 F. Supp. 3d 1314 (S.D. Fla. 2018). · cites it 18× “1 After a careful consideration of the doctrine and its application, and for the reasons explained infra , the Court determines that the voluntary payment doctrine does not bar Plaintiff's claims in this case because (1) the voluntary payment doctrine is not applicable unless…”

Sundance Apts. I, Inc. v. Gen. Elec. Capital Corp., 581 F. Supp. 2d 1215 (S.D. Fla. 2008). · cites it 14× “Fla. Stat. § 725.04 . Wells Fargo argues, however, that Section 725.”

Cross v. Point & Pay, LLC, 274 F. Supp. 3d 1289 (M.D. Fla. 2017). · cites it 2× “Plaintiff argues that the exception to the voluntary payment doctrine set forth in section 725.04, Florida Statutes, applies here.”

Hall v. Humana Hosp. Daytona Beach, 686 So. 2d 653 (Fla. 5th DCA 1996). · cites it 2× “04, Florida Statutes (1991), which provides: When a suit is instituted by a party to a contract to recover a payment made pursuant to the contract and by the terms of the contract there was no enforceable obligation to make the payment or the making of the payment was excused,…”

Saglio v. Chrysler First Com. Corp., 839 F. Supp. 830 (M.D. Fla. 1993). · cites it 3× “§ 725.04 (1991) (emphasis added). The Court finds section 725.”

Sensormatic Sec. Corp. v. Sensormatic Elec. Corp., 249 F. Supp. 2d 703 (D. Maryland 2003). “A statute, Section 725.04, Florida Statutes, abrogates the voluntary payment doctrine in some circumstances: When a suit is instituted by a party to a contract to recover a payment made pursuant to the contract and by the terms of the contract there was no enforceable obligation…”

Schojan v. Papa John's Int'l Inc., 34 F. Supp. 3d 1206 (M.D. Fla. 2014). “Plaintiffs cite to Florida Statute § 725.04, which provides: When a suit is instituted by a party to a contract to recover a payment made pursuant to the contract and by the terms of the contract there was no enforceable obligation to make the payment or the making of the…”

Raymond v. Halifax Hosp. Med. Ctr., 466 So. 2d 253 (Fla. 5th DCA 1985). · cites it 2× “3d 1113 (1977), and § 725.04, Fla.Stat. Waiver and estoppel are normally asserted as defenses to the assertion of a claim or right.”

Sunshine Child.'s Learning Ctr., LLC v. Waste Connections of Florida, Inc. (S.D. Fla. 2023). · cites it 3× “Plaintiff also argues that Fla. Stat. § 725.04 negates the application of the voluntary payment doctrine where “the parties dispute payments that allegedly exceed or did not fall under terms or categories expressed in the parties’ contract.”

Nacron v. Gen. Am. Life Ins. Co., 516 So. 2d 41 (Fla. 3d DCA 1987). “Compare § 725.04, FIa.Stat. (1985). Affirmed.”

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