Florida/Georgia Personal Injury & Workers Compensation

...f a debt or claim, First State Bank of Clermont v. Fitch, supra , it may take the form of a satisfaction of judgment notwithstanding that in the absence of fraud the law permits a debt or obligation to be satisfied for less than the full amount. See § 725.05, Fla....

...ased both parties from their obligations under the consulting contract. The appellant contends that this release is unenforceable as it is supported by no other consideration than the payments already due to the appellant. The trial court found that section 725.05, Florida Statutes (1993), which allows the satisfaction of a liquidated debt for less than the full amount due by execution of a written instrument was dispositive of the claim, rejecting the appellant’s contention that section 673.3...

...nt, including the allegation that $4,395 was due and owing. It also raised as affirmative defenses accord and satisfaction, release, estoppel, and termination for cause. Moving for summary judgment, the appellee relied on the release, the check, and section 725.05 to urge that the appellant had given a complete release to any claim arising under the consulting agreement....

...The appellant relied on common law in arguing that the release was not supported by consideration in that an offer to do no more than one is already legally bound to do cannot constitute valid consideration on which the formation of a new contract can be predicated. The trial court applied section 725.05 and entered judgment against the appellant. Section 725.05, Florida Statutes (1993), provides: When the amount of any debt or obligation is liquidated, the parties may satisfy the debt by written instrument other than by endorsement on a cheek for less than the full amount due. Under the unambiguous terms of section 725.05, the release, which is a written instrument, satisfies a liquidated debt (the amount due the appellant for work performed) for less than the full amount due....

...t existed on July 4,1776, is to be of force in this state to the extent that it is not inconsistent with the acts of the Legislature of the state. Therefore, where a conflict exists, the statute prevails. International Shoe predates the enactment of section 725.05 by over eleven years, and to the extent that the ease is inconsistent with the statute, the statute prevails. The appellant argues that section 673.3111, Accord and Satisfaction, enacted after section 725.05, changes the interpretation of section 725.05....

...“Instrument” is defined in section 673.1041(2), Florida Statutes (1993), as a negotiable instrument. The memorandum of agreement in this case which constitutes the release is not a negotiable instrument within the meaning of section 673.1041(2), and thus section 673.3111 does not apply to its terms. Additionally, section 725.05 deals with liquidated debts, whereas section 673.3111 deals with disputed debts....