St. Pierre v. Winn Dixie Stores, Inc.

District Court of Appeal of Florida

St. Pierre v. Winn Dixie Stores, Inc.

592 So. 2d 1252, 1992 Fla. App. LEXIS 775, 1992 WL 16649

CourtDistrict Court of Appeal of Florida

DecidedFebruary 5, 1992

DocketNo. 91-1115

StatusPublished

Cited by1 cases

This text of 592 So. 2d 1252 (St. Pierre v. Winn Dixie Stores, Inc.) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

St. Pierre v. Winn Dixie Stores, Inc., 592 So. 2d 1252, 1992 Fla. App. LEXIS 775, 1992 WL 16649 (Fla. Ct. App. 1992).

Pincite

Opinion

STONE, Judge.

We affirm a summary judgment entered in favor of Winn Dixie. The appellant sued for an alleged violation of the section 559.72, Florida Statute (1981), Consumer Collection Practices Act, alleging that Winn Dixie’s collection practices violated the act. Winn Dixie had cashed a check, made payable to cash, that appellant previously gave to a salesman in a consumer transaction. The salesman was not connected to Winn Dixie other than through cashing the third party check.

Clearly, by its unambiguous terms, the Act applies only to the collection of consumer claims and requires an extension of credit. §§ 559.55(1), 559.72, Fla.Stat. (1981). Here, there was neither. Payment of cash in exchange for a check is not an extension of credit under the Act. See § 673.3-104(2)(b), Fla.Stat. (1962).

DOWNEY and POLEN, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

STONE, Judge.

We affirm a summary judgment entered in favor of Winn Dixie. The appellant sued for an alleged violation of the section 559.72, Florida Statute (1981), Consumer Collection Practices Act, alleging that Winn Dixie’s collection practices violated the act. Winn Dixie had cashed a check, made payable to cash, that appellant previously gave to a salesman in a consumer transaction. The salesman was not connected to Winn Dixie other than through cashing the third party check.

Clearly, by its unambiguous terms, the Act applies only to the collection of consumer claims and requires an extension of credit. §§ 559.55(1), 559.72, Fla.Stat. (1981). Here, there was neither. Payment of cash in exchange for a check is not an extension of credit under the Act. See § 673.3-104(2)(b), Fla.Stat. (1962).

DOWNEY and POLEN, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

592 So. 2d 1252, 1992 Fla. App. LEXIS 775, 1992 WL 16649, Counsel Stack Legal Research, https://law.counselstack.com/opinion/st-pierre-v-winn-dixie-stores-inc-fladistctapp-1992.

Opinion

Related

Cite This Page — Counsel Stack