Dudas v. Dade County
Cases that cite this one
16 later published cases cite this decision. The 15 that cite it most often are listed here.
- Brown v. Nationscredit Financial Services Corp. (Fla. Dist. Ct. App. 2010)
- Stratton of Florida, Inc. v. Rodel Fire Protection, Inc. (Fla. Dist. Ct. App. 1988)
- CRUISE AMERICA ASSOCIATES, LLC v. Absolute Nevada, LLC (United States District Court for the Southern District of Florida 2025)
- T.T. International Co., LTD v. BMP International, Inc. (United States District Court for the Middle District of Florida 2023)
- T.T. International Co., LTD v. BMP International, Inc. (United States District Court for the Middle District of Florida 2022)
- ConSeal International Incorporated v. Neogen Corporation (United States District Court for the Southern District of Florida 2020)
- Morse, LLC v. United Wisconsin Life Insurance (United States District Court for the Southern District of Florida 2005)
- Mila v. Chiossi (Fla. Dist. Ct. App. 1995)
- First Union Discount Brokerage Services, Inc. v. Milos (United States District Court for the Southern District of Florida 1990)
- Carole Korn Interiors, Inc. v. Goudie (Fla. Dist. Ct. App. 1990)
- Page Avjet Corp. v. Cosgrove Aircraft Serv., Inc. (Fla. Dist. Ct. App. 1989)
- Robert C. Malt & Co. v. Kelly Tractor Co. (Fla. Dist. Ct. App. 1988)
- Levy v. Stephen L. Geller, Inc. (Fla. Dist. Ct. App. 1984)
- Havee v. Lifeguard Industries, Inc. (In re Nailite Weather Shield Products, Inc.) (United States Bankruptcy Court, Southern District Florida 1982)
- MERRILL-STEVENS DRY DOCK COMPANY v. Corniche Express (Fla. Dist. Ct. App. 1981)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
Edward DUDAS and Grace Dudas, Appellants,
v.
DADE COUNTY, Florida, a Political Subdivision of the State of Florida, Appellee.
District Court of Appeal of Florida, Third District.
Nat Gursten, North Miami Beach, for appellants.
Fowler, White, Burnett, Hurley, Banick & Strickroot and Michael Murphy, Miami, for appellee.
Before BARKDULL, HUBBARD and DANIEL PEARSON, JJ.
PER CURIAM.
The question on this appeal is how long does a debtor have to question an account stated. The debtor argues that it is the time provided in the Statute of Limitations, which period may be extended by payments made on account pursuant to Section 95.051(1)(f), Florida Statutes (1975). We disagree.
An account stated comes into being when a creditor periodically bills a debtor for a certain amount, which amount is not objected to within a reasonable time. See: Daytona Bridge Company v. Bond, 47 Fla. 136, 36 So. 445 (1904); United Hardware-Furniture Company v. Blue, 59 Fla. 419, 52 So. 364 (1910); Rauzin v. Kupper, 139 So.2d 432 (Fla.3d DCA 1962). No objection to the account stated herein having been made by the debtor between the time the first statement was rendered in 1971 and February 9, 1977, when the instant suit was filed to seek a return of alleged over-payment on the original obligation, we find the objection comes too late. We approve the trial court's finding, as a matter of law, that no objection was made within a reasonable time. Martyn v. J.E. Arnold & Co., 36 Fla. 446, 18 So. 791 (1895); Daytona Bridge Company v. Bond, supra.
Therefore, the final summary judgment here under review be and the same is hereby affirmed.
Affirmed.
Case-law data current through September 30, 2026. Source: CourtListener bulk data.