Article courtesy of Ariel Emmanuel (King & Spalding)
Uzzell v. Velocity Investments, LLC, 2025 WL 1242815 (D. Ct. App. Fl. Apr. 2025)
Velocity Investment, LLC, a debt collection company, brought a small claims action against James Uzzell, a purported borrower, alleging that the borrower breached a loan agreement entered into with the company’s predecessor, and seeking damages, inter alia, under breach of contract and money lent theories. Velocity presented an unsigned loan agreement in the case. Velocity filed for a motion of summary disposition, arguing that there were no genuine factual issues for trial. The County Court, Pinellas County, granted Velocity’s motion for summary disposition and subsequently entered judgment in its favor. Mr. Uzzell appealed, arguing that Velocity didn’t establish the existence of a valid legal contract or present anything with a signature, verbal agreement or digital acknowledgement.
The Court of Appeals agreed with Mr. Uzzell, stating that the loan agreement presented contains neither Mr. Uzzell’s name nor his signature. The court concluded that triable issues remain as to the loan agreement sued upon, so a summary disposition for Velocity was improper.
