STRATTON OF FLORIDA, INC., A FLORIDA CORPORATION, APPELLANT,
v.
RODEL FIRE PROTECTION, INC., A FLORIDA CORPORATION, APPELLEE
STRATTON OF FLORIDA, INC., A FLORIDA CORPORATION, APPELLANT,
RODEL FIRE PROTECTION, INC., A FLORIDA CORPORATION, APPELLEE
524 So. 2d 726
Florida District Court of Appeal, Third District (1988)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
We affirm the final judgment based upon our conclusion that Rodel Fire Protection, Inc., presented satisfactory evidence of an open account and an account stated to support the amount awarded. See Robert W. Gottfried, Inc. v. Cole, 454 So. 2d 695 (Fla. 4th DCA 1984); Dudas v. Dade County, 385 So. 2d 1144 (Fla. 3d DCA 1980).
Affirmed.
HENDRY and JORGENSON, JJ., concur.
Concurrence
FERGUSON, Judge
(specially concurring).
Because there is no evidence of a “failure of the debtor to object within a reasonable time” I would not affirm on a theory of account stated. Dudas v. Dade County, 385 So. 2d 1144 (Fla. 3d DCA 1980). There is, however, competent and substantial evidence of a breach of the revived original contract to support the judgment.
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Citator
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Bester v. The Pub. Health Tr. OF Dade Cnty., 532 So. 2d 1112 (Fla. 3d DCA 1988)…PER CURIAM. Affirmed. Stratton of Florida, Inc. v. Rodel Fire Protection, Inc., 524 So. 2d 726 (Fla. 3d DCA 1988).…
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Veronica Higgs/Administrator of the Estate of Chiqueta Nicole Williams v. DON Bailey Carpets, Inc., 724 So. 2d 638 (Fla. 3d DCA 1999)…iability for the negligence of the driver. The record clearly establishes that the driver in question, a carpet installer, was an independent contractor, not an employee of DBC. Cantor v. Cochran, 184 So. 2d 173 (Fla.1966); Wiseman v. Miami Rug Co., 524 So. 2d 726 (Fla. 4th DCA 1988); Kane Furniture Corp. v. Miranda, 506 So. 2d 1061 (Fla. 2d DCA), review denied, 515 So. 2d 230 (Fla.1987). The evidence in the record shows that DBC did not exercise the degree of control necessary over the manner, method, and de…
Authorities Cited
- Dudas v. Dade Cnty., 385 So. 2d 1144 (Fla. 3d DCA 1980)
- Robert W. Gottfried, Inc. v. Cole, 454 So. 2d 695 (Fla. 4th DCA 1984)