Florida District Courts of Appeal, 1990

Dixie Clamp & Scaffold, Inc. v. Massey

Dixie Clamp & Scaffold, Inc. v. Massey
Florida District Courts of Appeal · Decided February 7, 1990 · Anstead, Downey, Letts
556 So. 2d 507; 1990 Fla. App. LEXIS 649; 1990 WL 8593 (Southern Reporter, Second Series)

Dixie Clamp & Scaffold, Inc. v. Massey

Opinion of the Court

PER CURIAM.

The trial court ruled that the outstanding account owed to the plaintiff was but a debt of the corporation (G.E. Massey Construction, Inc.) and that defendant George Massey was not individually responsible. We reverse.

The record shows the account was opened in the name of George Massey and never changed. The fact that Mr. Massey sometimes satisfied received invoices with checks other than from his personal account and that his business was later incorporated does not, without more, alter the legal status of the account.

In addition, the bench trial of this cause was ended prematurely, and, for that reason, we not only reverse, but also remand for a new trial.

REVERSED AND REMANDED.

DOWNEY, ANSTEAD and LETTS, JJ., concur.

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