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Riggins v. American Express Centurion Bank

Citations: 916 So. 2d 6; 2005 Fla. App. LEXIS 8506; 2005 WL 1340260Docket: No. 3D04-2620

Court: District Court of Appeal of Florida; June 8, 2005; Florida; State Appellate Court

Narrative Opinion Summary

American Express properly accelerated the defendant’s outstanding balance by filing a lawsuit while she was in default, as supported by several Florida case precedents. The court affirms the summary judgment in favor of American Express, with Judges Shepherd and Schwartz concurring.

Legal Issues Addressed

Acceleration of Debt upon Default

Application: The court upheld that American Express was justified in accelerating the defendant's outstanding balance due to her default status, aligning with established Florida case law.

Reasoning: American Express properly accelerated the defendant’s outstanding balance by filing a lawsuit while she was in default, as supported by several Florida case precedents.

Summary Judgment Affirmation

Application: The court affirmed the summary judgment in favor of American Express, indicating that the lower court's decision was correct and supported by the facts and law.

Reasoning: The court affirms the summary judgment in favor of American Express, with Judges Shepherd and Schwartz concurring.