U.S. Alliance Management Corp. v. Apeiron Miami, LLC

Summary

The Florida Third District Court of Appeal affirmed a final summary judgment in favor of Apeiron Miami, LLC, holding that Apeiron’s tender of the worthless check amount, service charge, court costs, and incurred bank fees before the hearing satisfied section 68.065(6), Florida Statutes. The court dismissed the challenge to a post-judgment attorney’s-fee entitlement order because no notice of appeal or amended notice of appeal was directed to that order and the order was not ripe for review.

Holdings

1. A tender made before the hearing of an amount equal to the worthless check, service charge, court costs, and incurred bank fees satisfied the worthless-check claim and supported final summary judgment in Apeiron's favor.
2. The portion of the appeal challenging the post-judgment order determining Apeiron's entitlement to attorney's fees was dismissed because no notice of appeal or amended notice of appeal was directed to that order; independently, the order was not ripe for review because it did not determine the amount of fees or costs.

Questions Presented

1. Whether Apeiron's pre-hearing tender of the worthless check, service charge, court costs, and incurred bank fees satisfied the worthless-check claim under section 68.065(6), Florida Statutes.
2. Whether the appellate court had jurisdiction to review the post-judgment order determining Apeiron's entitlement to attorney's fees when no notice of appeal or amended notice of appeal was directed to that order.
3. Whether an order determining entitlement to attorney's fees, without determining the amount of fees or costs, is ripe for appellate review.

Disposition

other