LUZ ELISABETH DIAZ v. BELL MICROPRODUCTS-FUTURE TECH, INC., 35 Fla. L. Wkly D1931a (Fla. 3d DCA Aug. 25, 2010)

This guaranty case states the simple rule that “pleadings are required to be in the English language.” The lender’s complaint against the borrower attached a copy of the guaranty in Spanish, a “Garantia Personal.”  It was not translated into English. The trial court granted summary judgment for the lender. The appellate court reversed, reasoning that the “Garantia Personal” was made part of the complaint under Rule 1.130 and therefore the pleading was not “in the English Language.” Interestingly, the appellate court did not address whether the borrower spoke English only, Spanish only, or both English and Spanish.

LUZ ELISABETH DIAZ v. BELL MICROPRODUCTS-FUTURE TECH, INC., 35 Fla. L. Wkly D1931a (Fla. 3d DCA Aug. 25, 2010)