Florida District Courts of Appeal, 1988

Stratton of Florida, Inc. v. Rodel Fire Protection, Inc.

Stratton of Florida, Inc. v. Rodel Fire Protection, Inc.
Florida District Courts of Appeal · Decided May 10, 1988 · Ferguson, Hendry, Jorgenson
524 So. 2d 726; 13 Fla. L. Weekly 1116; 1988 Fla. App. LEXIS 1851; 1988 WL 44486 (Southern Reporter, Second Series)

Stratton of Florida, Inc. v. Rodel Fire Protection, Inc.

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.

Concurring Opinion

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.