Florida Statute 725.4 - Full Text and Legal Analysis

The 2025 Florida Statutes

Title XLI
STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS

Chapter 725
UNENFORCEABLE CONTRACTS

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F.S. 725.04

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.

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F.S. 725.04 on CourtListener

Amendments to 725.04

Annotations, Discussions, Cases:

Cases Citing Statute 725.04

Total Results: 8

Hall v. Humana Hosp. Daytona Beach

686 So. 2d 653, 1996 WL 695282

District Court of Appeal of Florida | Filed: Dec 6, 1996 | Docket: 1260350

Cited 14 times | Published

*658 of the hospital's charges by reason of section 725.04, Florida Statutes (1991), which provides: When

Sundance Apartments I, Inc. v. General Electric Capital Corp.

581 F. Supp. 2d 1215, 2008 U.S. Dist. LEXIS 99459, 2008 WL 4507506

District Court, S.D. Florida | Filed: May 6, 2008 | Docket: 1169010

Cited 9 times | Published

nature of its payment, Sundance contends that Section 725.04, Florida Statutes, exempts its breach of contract

Saglio v. Chrysler First Commercial Corp.

839 F. Supp. 830, 1993 U.S. Dist. LEXIS 17041, 1993 WL 505449

District Court, M.D. Florida | Filed: Nov 15, 1993 | Docket: 111379

Cited 7 times | Published

2d 547 (Fla.1959). However, Florida Statute, section 725.04 governs voluntary payments made pursuant to

Brink v. Raymond James & Assocs., Inc.

341 F. Supp. 3d 1314

District Court, S.D. Florida | Filed: Oct 9, 2018 | Docket: 64321237

Cited 1 times | Published

knowledge of all the facts;" and/or (2) Fla. Stat. § 725.04 bars the application of the defense in this case

Cross v. Point & Pay, LLC

274 F. Supp. 3d 1289

District Court, M.D. Florida | Filed: Mar 31, 2017 | Docket: 64315802

Cited 1 times | Published

the voluntary payment doctrine set forth in section 725.04, Florida Statutes, applies here. For the same

Schojan v. Papa John's International Inc.

34 F. Supp. 3d 1206, 2014 WL 3661105, 2014 U.S. Dist. LEXIS 100319

District Court, M.D. Florida | Filed: Jul 23, 2014 | Docket: 64296283

Published

(Id. at 14). Plaintiffs cite to Florida Statute § 725.04, which provides: When a suit is instituted by

Nacron v. General American Life Insurance Co.

516 So. 2d 41, 1987 WL 1954

District Court of Appeal of Florida | Filed: Dec 1, 1987 | Docket: 64631190

Published

obligation to live up to this agreement. Compare § 725.04, FIa.Stat. (1985). Affirmed.

Raymond v. Halifax Hospital Medical Center

466 So. 2d 253, 10 Fla. L. Weekly 320, 1985 Fla. App. LEXIS 12307

District Court of Appeal of Florida | Filed: Feb 7, 1985 | Docket: 64610931

Published

Restitution of Payments, 79 ALR.3d 1113 (1977), and § 725.04, Fla.Stat. Waiver and estoppel are normally asserted