KK-PB Financial, LLC v. Salazar Law, LLP

Summary

The Florida Third District Court of Appeal affirmed a summary judgment in favor of Salazar Law, LLP and the other appellees. The per curiam opinion addresses contract formation, mutual assent, consideration, enforcement of unsigned agreements, and Florida usury provisions.

Holdings

1. The order granting summary judgment was affirmed.
2. Under Florida law, the party seeking to enforce a contract must prove offer, acceptance, consideration, and sufficiently definite essential terms, and mutual assent is a necessary condition of contract formation.
3. A party may be bound by a written contract despite not signing it when mutual assent is shown through other evidence, including the parties' acts or conduct and performance under the contract.
4. The cited Florida statutes establish the applicable statutory limits and default rate rules for interest, including the distinction between amounts below and above $500,000 and the requirement of a special contract for a contractual interest rate.
5. A party opposing summary judgment may not alter the position taken in prior pleadings, admissions, affidavits, depositions, or testimony merely to create an issue defeating summary judgment.

Questions Presented

1. Whether the circuit court properly granted summary judgment under the de novo standard of review.
2. Whether the record established the elements of contract formation, including offer, acceptance, consideration, essential terms, and mutual assent.
3. Whether a party could be bound by an unsigned written contract based on the parties' conduct and performance.
4. Whether the applicable Florida statutory interest-rate provisions governed the claimed interest.
5. Whether the party opposing summary judgment could alter positions taken in prior pleadings, admissions, affidavits, depositions, or testimony to create a disputed issue.

Disposition

affirmed