Inversiones Brindisi, S.A. v. O'connor

PER CURIAM.

Affirmed on the authority of the

universal [rule] that where one makes a payment of any sum under a claim of right with knowledge of the facts such a payment is voluntary and cannot be recovered. Blumenthal v. United States, D.C.S.D.Cal. 1925, 4 F.2d 808; Deppe v. Lufkin, 1 Cir., 1940, 116 F.2d 483; 40 Am.Jur., Payment, § 155, citing many cases.

City of Miami v. Keton, 115 So.2d 547, 551 (Fla.1959); see 39 Fla.Jur.2d Payment and Tender § 42 (1982), and cases and authorities cited.