WATERPROOFING AND ROOFING DESIGN, INC., ETC.,
v.
FRANK ASHWORTH, ET AL.,
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Waterproofing and Roofing Design, Inc. appealed a summary judgment dismissing its claims against Frank and Cecilia Ashworth for implied contract, quasi-contract, and civil theft arising from roofing work performed on property owned by Juan Carballo. The court affirmed the summary judgment, holding that an express written contract between the roofer and the homeowner bars implied and quasi-contract claims against third parties, and that no civil theft claim lies under Florida law.
The court held that: (1) an express written contract between the roofer and homeowner Juan Carballo defeats implied contract and quasi-contract claims against third parties Frank and Cecilia Ashworth as a matter of law; and (2) there is no basis for a civil theft claim against Cecilia Ashworth under Florida Statute section 812.014.
[1] An express written contract for services between a contractor and a homeowner precludes implied contract and quasi-contract claims against third parties who may have bene…
[2] A civil theft claim requires proof that the defendant knowingly and unlawfully obtained or used the property of another with the intent to deprive the owner of it.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“as a matter of law, the existence of an express, written contract between appellant and the homeowner Juan Carballo defeats appellant's implied contract and quasi-contract claims against appellees”
Establishes the core holding that an express written contract precludes implied and quasi-contract claims against third parties
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Join FLexlaw to unlock all legal intelligenceWaterproofing and Roofing Design, Inc., operating as Joe Ward Roofing, entered into a written contract with Juan Carballo to perform roofing repair an…
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SCALES, J.
Appellant Waterproofing and Roofing Design, Inc., d/b/a Joe Ward Roofing, the plaintiff below, appeals a final summary judgment entered as to appellees, defendants below, Frank and Cecilia Ashworth. We affirm.
Pursuant to a written contract between appellant, a roofer, and Juan Carballo, appellant performed roofing repair and replacement work at a house owned by Carballo and his wife, Ana Carballo. Appellant alleged that it did not receive payment for the work, and that Juan Carballo’s daughter, appellee Cecilia Ashworth, arranged for insurance proceeds for the damaged roof and internal water damage to be used to pay off the Carballos’ mortgage (under which Cecilia Ashworth was a co-obligor), rather than to pay appellant.
In addition to asserting claims against the Carballos (which appear to remain pending below and are not subject to this appeal), appellant asserted implied contract and quasi-contract claims against both appellees1 and a civil theft claim against Cecilia Ashworth.
In a detailed, well-reasoned summary judgment order, the trial court correctly found that, under the facts of this case: (i) there is no basis for a civil theft claim against Cecilia Ashworth under section 812.014 of the Florida Statutes; and (ii) as a matter of law, the existence of an express, written contract between appellant and the homeowner Juan Carballo defeats appellant’s implied contract and quasi-contract claims against appellees. See Sterling Breeze Owners’ Ass’n v. New Sterling Resorts, LLC, 255 So. 3d 434, 437 (Fla. 1st DCA 2018).
Affirmed.
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Citator
Authorities Cited
- Sterling Breeze Owners' Ass'n, Inc. v. New Sterling Resorts, LLC, 255 So. 3d 434 (Fla. 1st DCA 2018)