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Florida Statute 725.04 | Lawyer Caselaw & Research
F.S. 725.04 Case Law from Google Scholar
Statute is currently reporting as:
Link to State of Florida Official Statute Google Search for Amendments to 725.04

The 2023 Florida Statutes (including Special Session C)

Title XLI
STATUTE OF FRAUDS, FRAUDULENT TRANSFERS, AND GENERAL ASSIGNMENTS
Chapter 725
UNENFORCEABLE CONTRACTS
View Entire Chapter
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.

F.S. 725.04 on Google Scholar

F.S. 725.04 on Casetext

Amendments to 725.04


Arrestable Offenses / Crimes under Fla. Stat. 725.04
Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 725.04.



Annotations, Discussions, Cases:

Cases from cite.case.law:

BRINK, v. RAYMOND JAMES ASSOCIATES, INC., 341 F. Supp. 3d 1314 (S.D. Fla. 2018)

. . . . § 725.04 bars the application of the defense in this case. . . . Stat. § 725.04. In Taylor, Bean & Whitaker Mortg. Corp. v. GMAC Mortg. . . . Any other interpretation would make § 725.04 meaningless and there would have been no reason for the . . . Fla. 2008) ] (holding that § 725.04 barred application of voluntary payment defense where additional . . . Stat. § 725.04 is inapplicable because that statute only bars the defense where the contract between . . .

CROSS, v. POINT AND PAY, LLC,, 274 F. Supp. 3d 1289 (M.D. Fla. 2017)

. . . Plaintiff argues that the exception to the voluntary payment doctrine set forth in section 725.04, Florida . . .

SCHOJAN, v. PAPA JOHN S INTERNATIONAL INC. s USA,, 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 . . .

SUNDANCE APARTMENTS I, INC. a v. GENERAL ELECTRIC CAPITAL CORPORATION, a L. P. a N. A. a, 581 F. Supp. 2d 1215 (S.D. Fla. 2008)

. . . Despite the voluntary nature of its payment, Sundance contends that Section 725.04, Florida Statutes, . . . Section 725.04 provides that: When a suit is instituted by a party to a contract to recover a payment . . . Stat. § 725.04. . . . Wells Fargo argues, however, that Section 725.04 does not apply to Sundance’s prepayment of the Loan . . . Stat. § 725.04. . . .

SENSORMATIC SECURITY CORPORATION v. SENSORMATIC ELECTRONICS CORPORATION,, 249 F. Supp. 2d 703 (D. Md. 2003)

. . . A statute, Section 725.04, Florida Statutes, abrogates the voluntary payment doctrine in some circumstances . . . FLA STAT. ch. 725.04. As interpreted by the court in Hall v. . . .

SAGLIO, Jr. L. L. E. v. CHRYSLER FIRST COMMERCIAL CORPORATION, v. LIGHTHOUSE POINT MARINE CENTER, INC. L. L. E., 839 F. Supp. 830 (M.D. Fla. 1993)

. . . However, Florida Statute, section 725.04 governs voluntary payments made pursuant to contracts, and provides . . . Fla.Stat. § 725.04 (1991) (emphasis added). . . . The Court finds section 725.04 precludes the application of the voluntary payment defense, and thus denies . . .

DANIEL J. HARTWIG ASSOCIATES, INC. v. KANNER,, 913 F.2d 1213 (7th Cir. 1990)

. . . evidence, the district judge directed a verdict in favor of Hart-wig in the amount of $44,225.04 — $40,-725.04 . . .

NACRON v. GENERAL AMERICAN LIFE INSURANCE COMPANY, a, 516 So. 2d 41 (Fla. Dist. Ct. App. 1987)

. . . Compare § 725.04, FIa.Stat. (1985). Affirmed. . . .

E. RAYMOND, M. v. HALIFAX HOSPITAL MEDICAL CENTER,, 466 So. 2d 253 (Fla. Dist. Ct. App. 1985)

. . . See also Annot., Health Insurer — Restitution of Payments, 79 ALR.3d 1113 (1977), and § 725.04, Fla.Stat . . .

PRUDENTIAL INSURANCE COMPANY OF AMERICA, v. D. CLARK, 456 F.2d 932 (5th Cir. 1972)

. . . . § 725.04 (1969). This statute negates the common law defense of voluntary payment. . . .