The 2023 Florida Statutes (including Special Session C)
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. . . . § 687.0304. . . . Stat. § 687.0304(2). . . . Stat. § 687.0304(1)(a). . . . Stat. § 687.0304(2). . . .
. . . . § 687.0304(2). . . . Id. § 687.0304(1)(a). . . .
. . . created a separate Banking Statute of Frauds, as Florida did in 1989 with the enactment of section 687.0304 . . . Section 687.0304(2) provides that “[a] debtor may not maintain an action on a credit agreement unless . . . repayment of money ... to otherwise extend credit, or to make any other financial accommodation.” § 687.0304 . . . The statute creates order by imposing the requirement of a writing under section 687.0304(2) to memorialize . . . As we discussed above with section 687.0304, there was no full performance here that would remove the . . .
. . . It appears that there are at least two Statutes of Frauds in effect in Florida: section 687.0304, Florida . . .
. . . attempt to add verbal conversations to the purported “promise,” such addition is barred by section 687.0304 . . . consideration, sets forth the relevant terms and conditions, and is signed by the creditor and the debtor. § 687.0304 . . .
. . . . § 687.0304(2). Hence, the district court properly dismissed the Defendants’ counterclaims. . . .
. . . See § 687.0304, Fla. Stat. (2012). GROSS, FORST, JJ., and ROSENBERG, ROBIN, Associate Judge, concur. . . .
. . . an oral credit agreement as contemplated by Florida’s Banking Statute of Frauds, defined in section 687.0304 . . . See § 687.0304(l)(a), Fla. . . .
. . . Section 687.0304(2) of the Florida Statutes (2012) expressly provides that a “debtor may not maintain . . . repayment of money ..., to otherwise extend credit, or to make any other financial accommodation.” § 687.0304 . . . Florida’s banking statute of frauds because it is an agreement to make a financial accommodation. § 687.0304 . . . that a loan modification agreement is an agreement “to lend money and extend credit” under section 687.0304 . . . Beyond these statements, it does not appear that section 687.0304 was expressly mentioned or considered . . . grounds not relied on by the trial court or argued on appeal — that the statute of frauds, section 687.0304 . . .
. . . Clampitt relies upon section 687.0304(2), Florida Statutes (1995), to support his Statute of Frauds defense . . . trial court’s final judgment is akin to a judgment on the pleadings and the trial court used section 687.0304 . . .
. . . . § 687.0304(2). . . . Stat. § 687.0304(2). . . .
. . . Appellant seeks to alternatively argue that the Bankruptcy Court erred in finding that § 687.0304 applies . . . Stat. § 687.0304, Florida’s Banking Statute of Frauds, and was not pled with the requisite specificity . . . Stat. § 687.0304, Florida’s Banking Statute of Frauds, and was not pled with requisite specificity? . . . Stat. § 687.0304, Florida’s Bankruptcy Statute of Frauds, and was not pled with requisite specificity . . . Manifest Injustice Even if Appellant’s new claim that § 687.0304’s writing requirements do not apply . . .
. . . Section 687.0304, Florida Statutes (2007), requires that a borrower may not take legal action on “an . . . also legally insufficient under what has been called “Florida’s Banking Statute of Frauds,” section 687.0304 . . . attorneys, Coral Reefs principals could not ignore the requirements of those documents and section 687.0304 . . . estoppel cannot be employed where a promise is barred by the bank statute of frauds, which is section 687.0304 . . . , or things in action, to otherwise extent credit, or to make any other financial accommodation.” § 687.0304 . . .
. . . . § 687.0304. . . . Stat. § 687.0304(1). . . . extend credit and, therefore, is a credit agreement requiring the application of Florida Statute § 687.0304 . . . Yet, pursuant to Florida Statutes § 687.0304(2), a “debtor may not maintain an action on a credit agreement . . .
. . . Second Amended Complaint is barred by Florida’s banking statute of frauds, found in Florida Statute § 687.0304 . . . Stat. § 687.0304(1). . . . Yet, pursuant to Florida Statutes § 687.0304(2), a “debtor may not maintain an action on a credit agreement . . .
. . . . § 687.0304. (Def.’s Mot. to Dismiss 7). . . . Stat. § 687.0304. . . .
. . . We need not concern ourselves with the application of the bank statute of frauds, section 687.0304, Florida . . .
. . . The trial court relied on section § 687.0304, Florida Statutes (1989), which is the statute of frauds . . . consideration, sets forth the relevant terms and conditions, and is signed by the debtor and creditor.” § 687.0304 . . . The Fifth District has said, “Section 687.0304 prevents a debtor from bringing a claim based on an oral . . . In pertinent part Section 687.0304 states: (2) CREDIT AGREEMENTS TO BE IN WRITING.. — A debtor may not . . .
. . . Finally, while Section 687.0304(2), Florida Statutes (2005), provides that a debtor may not maintain . . . National Bank, 640 So.2d 1212, 1213 (Fla. 5th DCA 1994), for example, this court held that while section 687.0304 . . . such defenses arising subsequent to the entry of the agreement are outside the operation of section 687.0304 . . . P. 1.110(d), and are not barred by section 687.0304. . . .
. . . . § 687.0304. Diazr-Verson now appeals, contending that Counts I and II state claims for relief. . . . Fla Stat. § 687.0304(2). . . . Fla Stat. § 687.0304(l)(a). . . . Fla Stat. § 687.0304(3)(a). . . .
. . . . § 687.0304(1) & (2). . . .
. . . Stat § 687.0304(1). . . . Stat. § 687.0304(2). . . .
. . . Florida’s Banking Statute of Frauds, Section 687.0304(2), Florida Statutes, however, provides that: A . . . Citrus Nat’l Bank, 641 So.2d 458, 459 (Fla. 5th DCA 1994) [referring to § 687.0304(2), Fla.Stat.]. . . . .
. . . Eboni’s complaint is barred by section 687.0304, Florida Statutes, which provides that a debtor may not . . . The judgment was apparently based on section 687.0304, but the statute does not apply to affirmative . . .
. . . as fraud in the inducement in order to avoid application of the banking statute of frauds, section 687.0304 . . .
. . . . § 687.0304(2). . . .
. . . the grounds that there was a violation of the statute of frauds provisions in sections 671.206 and 687.0304 . . . The other statute cited by the trial court is section 687.0304, entitled Credit Agreements, which provides . . .
. . . The defendants moved to dismiss on the basis of section 687.0304, Florida Statutes (sometimes known as . . . As its first point on appeal, J Square argues that section 687.0304 does not bar enforcement of the agreement . . . While we agree that the fraud claims are not barred by section 687.0304 (since its applicability has . . .
. . . . § 687.0304 (West 1990) (approved 1989); Ga. . . .
. . . I respectfully dissent from the majority opinion because section 687.0304(2), Florida Statutes, is not . . . The impetus for enacting section 687.0304(2) was explained in Brenow-itz v. . . . By its express terms, section 687.0304(2) does not preclude an action for acts of fraud on the part of . . . The legislative history to House Bill 878, which became section 687.0304(1), expressly provides that . . . Gewitz, Impact of Florida Statute § 687.0304 on Lender Liability Actions, LXVI, 6 Fla. . . . We hold that the trial judge was correct in applying section 687.0304(2), Florida Statutes (1989) in . . . HARRIS, Judge, concurring specially: I concur with Judge Cobb’s opinion, which is based on section 687.0304 . . . But the rub, of course, is section 687.0304(2), which requires that before a loan commitment can be enforced . . .
. . . .” § 687.0304, Florida Statutes. . . . Judge Peterson that the combination of writings in this case can satisfy the requirements of section 687.0304 . . . contract was the theory pleaded in the original complaint which was dismissed on the basis of section 687.0304 . . . Section 687.0304 “restricts the ability of the borrower to bring suit upon oral credit agreements.... . . . original complaint, an agreement between the parties and a writing that meets the requirements of section 687.0304 . . .
. . . CNB relied on the authority of section 687.0304, Florida Statutes (1991) which provides in pertinent . . . The trial court granted CNB’s motion based upon section 687.0304, Florida Statutes. . . . Section 687.0304 prevents a debtor from bringing a claim based on an oral credit agreement but does not . . . The bank argued that Brenowitz’ affirmative defenses were barred by section 687.0304, Florida Statutes . . . may be asserted pursuant to Florida Rule of Civil Procedure 1.110(d) and are not barred by section 687.0304 . . . Brenowitz as a debtor and, accordingly, the defenses were not subject to the limitations of section 687.0304 . . . of summary judgment against the Griffithses on their counterclaim, agreeing that pursuant to section 687.0304 . . . defenses in their current form, nor are they susceptible to amendment to avoid the prohibition of section 687.0304 . . .
. . . . § 687.0304. . § 1121. . . .
. . . Section 687.0304, Fla.Stat. (1991); Griffiths v. . . . Barnett Bank of Naples, 603 So.2d 690, 692 (Fla. 2d DCA 1992) (The court, in construing Section 687.0304 . . .
. . . Bloom, 386 So.2d 286 (Fla. 3d DCA 1980); § 687.0304, Fla.Stat. (1991). . . .
. . . Banco Indus. de Venezuela, C.A., 534 So.2d 773 (Fla. 3d DCA1988); § 687.0304, Fla.Stat. (1991). . . .
. . . Barnett contends that section 687.0304, Florida Statutes (1989), bars any action because there was no . . . affirmative defenses of subsequent waiver, estoppel and bad faith are outside the operation of section 687.0304 . . . These alleged actions are specifically excluded as specified in subsection (3) of section 687.0304. . . .
. . . Leaving entirely aside the applicability of section 687.0304, Florida Statutes (1989), we conclude that . . .
. . . Melo, 366 So.2d 1218, 1221 (Fla.3d DCA 1979); § 687.0304, Fla.Stat. (1991). Affirmed. . . .
. . . in any event because Brenowitz’s affirmative defenses were rendered legally inoperative by section 687.0304 . . . , Florida Statutes (1989), which states the following: 687.0304 Credit agreements.— (1) DEFINITIONS — . . .
. . . Pan American Bank of Hialeah, 383 So.2d 256 (Fla. 3d DCA 1980); Section 687.0304, Florida Statutes (1989 . . .