Uzzell v. Velocity Investments, LLC
2D2024-1801
Fla. Dist. Ct. App.Apr 30, 2025Background
- Velocity Investments, LLC brought a small claims action against James Uzzell, alleging breach of a loan agreement and seeking $7,798.24.
- Velocity relied on unsigned loan documents and a records custodian affidavit, including a "Truth in Lending Disclosure Statement" with Uzzell's name but no signature.
- Uzzell opposed summary disposition, arguing that no signed agreement, verbal assent, or evidence of loan delivery was shown.
- The trial court granted summary judgment for Velocity, holding there was no triable issue.
- Uzzell appealed, asserting unresolved factual disputes about contract existence and loan delivery.
- The appellate court reviewed the record de novo and reversed, finding factual questions remained, warranting further proceedings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence of Contract | Uzzell breached valid loan | No valid, signed agreement | Existence of contract is disputed; summary improper |
| Evidence of Indebtedness | Uzzell owes $7,798.24, as shown by records | Amount and loan delivery unproven | Evidence insufficient; factual dispute exists |
| Grounds for Summary Disposition | No triable issues for trial | Triable factual issues remain | Triable issues exist; summary judgment reversed |
| Money Lent Theory | Money was lent, not repaid | Insufficient evidence any money delivered | Factual dispute as to delivery of funds |
Key Cases Cited
- Save A Lot Car Rental, Inc. v. Tri J. Co. Towing & Recovery, Inc., 325 So. 3d 285 (Fla. 2d DCA 2021) (standard for summary disposition under small claims rule)
- Nat'l Collegiate Student Loan Tr. 2006-4 v. Meyer, 265 So. 3d 715 (Fla. 2d DCA 2019) (valid agreement required to recover for breach)
- Nowlin v. Nationstar Mortg., LLC, 193 So. 3d 1043 (Fla. 2d DCA 2016) (party not bound by unsigned contract)
- Oracle Elevator Co. v. Omni at Coral Way, Inc., 332 So. 3d 1112 (Fla. 3d DCA 2022) (disputed issues preclude summary judgment)
- CFLB Mgmt., LLC v. Mabipa Overseas, S.A., 341 So. 3d 1187 (Fla. 3d DCA 2022) (elements of claim for money lent)
- Davis v. Clark, 326 So. 3d 781 (Fla. 2d DCA 2021) (construction of small claims rules)