The 2023 Florida Statutes (including Special Session C)
|
||||||
|
. . . check plus treble damages, for a total of $150,000 (plus fees and costs), as permitted under Section 68.065 . . .
. . . Area filed its complaint and later an amended complaint against Sanders alleging a count under section 68.065 . . . Bay Area asserted that under section 68.065 a maker is liable if payment has beén stopped on a check . . . Section 68.065(3)(a) of the worthless check statute allows for treble damages in addition to the amount . . . addition to the amount owing upon such payment instrument, for damages of triple the amount so owing. § 68.065 . . . In Madness, which Bay Area and the trial court relied upon, the Fourth District considered section 68.065 . . .
. . . reverse the portion of the judgment representing treble damages and processing fees awarded under section 68.065 . . . portion of the judgment amount represents treble damages and processing fees awarded under section 68.065 . . . was not entitled to claim treble damages or processing fees on the checks in accordance with section 68.065 . . . 917 So.2d 299, 301 (Fla. 4th DCA 2005) (Gunther, J., dissenting) (“A civil action pursuant to section 68.065 . . .
. . . Sarras because, contrary to Mills’ contention, the action brought by Sarras was not founded on section 68.065 . . . Section 68.065(1), Florida Statutes (2007), provides that in any civil action brought for the purpose . . . Section 68.065 does not create an exclusive means to bring an action on a worthless check; rather it . . . Sarras’ complaint did not seek treble damages, nor did it reference section 68.065. . . . would bar any claim by Sarras to recover treble damages and reasonable attorney’s fees under section 68.065 . . . Section 68.065, Florida Statutes (2007), provides a civil remedy for any action brought for the purpose . . .
. . . Clark then brought an action against Baggett under section 68.065, Florida Statutes, seeking damages . . . Feiler, 553 So.2d 1302 (Fla. 3d DCA 1989) (holding that setoff is not an available defense to a section 68.065 . . . trial court erred in entering summary judgment on the intent to defraud element required by section 68.065 . . . defraud, ... the maker or drawer is liable to the payee ... for damages of triple the amount so owing.” § 68.065 . . . SAWAYA and ORFINGER, JJ., concur. . § 68.065, Fla. Stat. (2012). . . . .
. . . See § 68.065(3)(a), Fla. . . . Big Bang and Ojeda for the amount of the three checks plus triple that amount as provided by section 68.065 . . . Moumina stated a valid cause of action pursuant to section 68.065(3)(a), as to it. . . . Before bringing suit, Moumina provided the notice required to Big Bang and Ojeda as required by section 68.065 . . . See § 68.065(4), Fla. . . .
. . . Section 68.065(6), Florida Statutes, provides that “[i]f the court or jury determines that the failure . . .
. . . . § 68.065. . . . Stat. § 68.065 and sought liability directly against the Lamas under the theory that because Chipstek . . . Stat. § 68.065(1). . . . Stat. § 68.065, punishes the making or drawing of a bad check. . . .
. . . upon presentation of the checks, the drawee bank refused payment; and thereafter, pursuant to section 68.065 . . . Relying on section 68.065(6), Diaz argued that the trial court erred by entering a treble damage award . . . Section 68.065(6) reads as follows: If the court or jury determines that the failure of the maker or . . . Bodensiek, 662 So.2d 1383, 1384 (Fla. 4th DCA 1995) (“[Wjhen section 68.065(6) ... speaks of the court . . . Feiler, 553 So.2d 1302, 1303 (Fla. 3d DCA 1989) (noting that section 68.065 has a provision “which allows . . .
. . . specify), and to □ pay bad check fees in the amount of $-(not to exceed the amount prescribed by Section 68.065 . . .
. . . Pertinent to this appeal, the Kruegers sought treble damages for a bad check pursuant to section 68.065 . . . estate contract and, therefore, they were entitled to make a claim for treble damages under section 68.065 . . . The judgment awarded treble damages and attorney’s fees pursuant to § 68.065, Fla. Stat. . . .
. . . There, the terms of the civil worthless check statute, section 68.065(1), were under consideration. . . . Section 68.065(1) specifically provides that “the maker or drawer shall be liable to the payee, in addition . . . We believe that the holding in Nasr and the provisions of section 68.065(1) belie the argument espoused . . .
. . . The complaint sought attorney’s fees under both the worthless check statute, § 68.065, Fla. . . . Stat. § 68.065. Thus, an award of attorney’s fees was mandatory. Alvarez v. . . .
. . . The claim in Count III is for Liability on a Worthless Instrument, brought pursuant to Section 68.065 . . .
. . . summary judgment entered in favor of appellees on their bad check claim básed on a violation of section 68.065 . . . In moving for summary judgment on the section 68.065 bad check claim, the appel-lees, plaintiffs below . . . A civil action pursuant to section 68.065, Florida Statutes requires proof that: (a) a check was made . . . the plaintiff and (b) the “payment was refused by the drawee bank because of the lack of funds.” § 68.065 . . . presented with sufficient funds but the maker "stops payment on the check ... with intent to defraud.” § 68.065 . . . In moving for summary judgment on the section 68.065, Florida Statutes, bad check claim, the appellees . . .
. . . some point after the postdated check was returned, Cruz's attorney demanded $180,000 under section 68.065 . . . were deemed to be a demand for usurious interest, and not an attempt to preserve rights under section 68.065 . . .
. . . found that a contract did exist and awarded damages for lost profits as well as damages under section 68.065 . . . Section 68.065, Florida Statutes (2001), provides: (1) In any civil action brought for the purpose of . . .
. . . Pursuant to section 68.065(1), Florida Statutes (2001), appellant Velecta Paramount brought an action . . . Section 68.065(1) applies in “any civil action brought for the purpose of collecting a check.” . . . If Gilbert is not liable on the check, section 68.065(1) does not create a separate cause of action which . . .
. . . result should be otherwise because the plaintiff made demand under the worthless check statute, section 68.065 . . . See § 68.065(3), Fla. Stat. (2001). . . .
. . . court finding Appellant Uribe liable for two worthless checks and imposing treble damages under Section 68.065 . . . Correa provided statutory notice as to each check under Section 68.065, Florida Statutes. . . . The trial court found that the plaintiff met the facial statutory requirements of Section 68.065, noting . . . Section 68.065(1), Florida Statutes (2002). . . .
. . . summary judgment entered on a count brought pursuant to the civil worthless check • statute, section 68.065 . . . See § 68.065(1), Fla. Stat. (1999). . . . the amount owing upon such check, draft, or order, for damages of triple the amount so owing.... § 68.065 . . . moment, National Stamping never established its entitlement to judgment as a matter of law under section 68.065 . . .
. . . check written by appellee, Palm Coast Veal Corporation (Palm Coast), sued Palm Coast under section 68.065 . . . treble damages was an economic hardship which the trial court had the discretion to waive under section 68.065 . . . Section 68.065(1), Florida Statutes, provides: If the court or jury determines that the failure of the . . . the trier of fact to waive all or part of the statutory of damages in case of economic hardship. § 68.065 . . .
. . . worthless check plus treble damages, prejudgment interest, and attorney’s fees pursuant to section 68.065 . . . Pursuant to section 68.065, if a check is returned for insufficient funds, the payee may bring a civil . . . Thereafter, Elsa sent Felipe a written demand for the $34,000 as required by section 68.065. . . . After the 30-day statutory notice period expired, Elsa filed a civil action pursuant to section 68.065 . . . See § 68.065(6), Fla. Stat. (1995). . . . .
. . . check, as well as a claim for treble damages to recover on the dishonored check pursuant to section 68.065 . . . awarded Callahan treble damages in the amount of $60,800, a $950 service charge pursuant to section 68.065 . . . $60,000 he had been awarded as treble damages against Fleetwood and Zaccagni-no pursuant to section 68.065 . . .
. . . filed suit against Southeastern seeking damages, attorney’s fees, and other relief pursuant to section 68.065 . . . Ira Mex asserted that it had sent the section 68.065(3) notice, but the check had not been paid. . . . to which the only defense was a defense to treble damages for economic hardship, pursuant to section 68.065 . . . Section 68.065 provides a statutory remedy for wrongful conduct causing a check’s failure to clear; in . . . Second, even assuming that Georgia’s bad check statute is more limited than section 68.065 regarding . . .
. . . bad cheek fees in the amount of $_(not to exceed the amount prescribed by Florida Statutes section 68.065 . . .
. . . Handy alleges that he is due the amount of the check plus treble damages pursuant to Florida Statute § 68.065 . . . Even if Florida Statute § 68.065 applied to Mr. . . .
. . . -000 for treble damages as a result .of appellant’s tender of a worthless check pursuant to section 68.065 . . . However, since section 68.065 makes no provision for suit against one other than the maker of the check . . . Stat. (1995)(eriminal action), with § 68.065, Fla. Stat. (1995)(civil action). . . .
. . . . §§ 68.065(2) and 832.07(l)(a), Fla. Stat. (1991). . . .
. . . On the cross-appeal, however, section 68.065(1), Florida Statutes (1991), requires an award of three . . .
. . . $22,693.12, which included statutory treble damages and significant attorney’s fees pursuant to section 68.065 . . .
. . . of the statutory damages which may be waived on the basis of economic hardship pursuant to section 68.065 . . . Section 68.065(1), Florida Statutes (1993), provides in pertinent part that: In any civil action brought . . . Thus, when section 68.065(6), Florida Statutes (1993), speaks of the court’s authority to waive all or . . . We believe that, among other possible reasons, section 68.065(1) provides for a $50 minimum statutory . . . Section 68.065(6) provides that "If the court or jury determines that the failure of the maker or drawer . . .
. . . for later determination the issue of treble damages, attorney’s fees and costs, pursuant to section 68.065 . . . In moving for summary judgment, the appellees relied on section 68.065, Florida Statutes (1993), which . . . Zaleski also argues that section 68.065 appears to conflict -with various provisions of the Uniform Commercial . . . In our view, section 68.065 only applies to cheeks or other instruments that have been validly delivered . . . approving the agreements for purchase of the stock, a viable defense would be made out to the section 68.065 . . .
. . . The trial court granted Milanese’s motion and pursuant to section 68.065, Florida 'Statutes (1991) ordered . . . statute operates retrospectively to relieve him of personal liability for treble damages under section 68.065 . . . section 673.4021(3) would eliminate the substantive right and remedy available to Milanese under sections 68.065 . . . Section 68.065 provides, in pertinent part: (1) In any civil action brought for the purpose of collecting . . . abrogate Milanese’s substantive right to collect on the checks or to receive treble damages under section 68.065 . . .
. . . Hanley, forwarded a letter by certified mail to the Diuluses, notifying them that, pursuant to section 68.065 . . . in the Hanleys’ favor for triple the amount of the check plus various costs on the basis of section 68.065 . . . Hanley’s letter to the Diuluses was flawed in that, while he tracked the language of section 68.065 with . . . prescribed period to tender payment in full to avoid the statutory action from 30 days to seven days. § 68.065 . . .
. . . In addition to the face amount of the check, Sears was awarded treble damages pursuant to section 68.065 . . . Section 68.065(1) provides in relevant part: (1) In any civil action brought for the purpose of collecting . . .
. . . The issue posed is whether the worthless check statute, § 68.065 F.S., causes an initial NSF check of . . . given to the worthless check statute of providing “for damages of triple the amount” of the check. § 68.065 . . . Court cannot adopt this view, especially because in actions brought in the County Court which apply § 68.065 . . . Indeed the worthless check statute confirms this Court’s view in that § 68.065(1) F.S. applies “in any . . .
. . . Miceli brought both counts III and IV pursuant to section 68.065, Florida Statutes (1987). . . . interpretation of the statute to prevent a person from prevailing on a claim brought pursuant to section 68.065 . . . Section 68.065 provides, in relevant part: Actions to collect worthless checks, drafts, or orders of . . . court costs, reasonable attorney fees, and any bank fees incurred by the payee in taking the action.” § 68.065 . . .
. . . damages based on the issuance of a worthless check may be made by a payee pursuant to Florida Statue, § 68.065 . . .
. . . One count of the complaint made a claim under section 68.065, Florida Statutes (Supp.1986), alleging . . . filing of the complaint, plaintiffs delivered the statutory thirty-day notice required by subsection 68.065 . . . statutory count, and awarded treble damages, interest, and the statutory fee provided by subsection 68.065 . . . check or instrument may file a civil action against you for three times the amount of the check ....” § 68.065 . . . treble damage award is in addition to, and not inclusive of, the amount owed on the unpaid check. § 68.065 . . .
. . . Maulden that she prevailed on the “worthless check” claim and was therefore entitled, under section 68.065 . . . Section 68.065 requires only that the party seeking attorney fees was “the prevailing party” in “any . . .
. . . contention, Medina argues that the trial court erred in not awarding him attorney’s fees pursuant to section 68.065 . . . By its terms, section 68.065 applies only where payment of a check has been refused “because of the lack . . .
. . . Attorney’s fees were awarded to plaintiff pursuant to sections 57.105 and 68.065, Florida Statutes (1983 . . . attorney’s fees under section 57.105 was unjust and erroneous, and the award of fees under section 68.065 . . .
. . . Plaintiff also claims entitlement to attorney’s fees under Section 68.065, Florida Statutes (1983). . . . This case falls within the ambit of Section 68.065. . . . Under Section 68.065, it is the “prevailing party” who recovers attorney’s fees. . . .