EDWARD DUDAS AND GRACE DUDAS, APPELLANTS,
v.
DADE COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA, APPELLEE
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The court affirmed summary judgment for Dade County, holding that a debtor's challenge to an account stated must be made within a reasonable time, not extended by the statute of limitations period.
An account stated is conclusively established when a creditor bills a debtor for a certain amount and the debtor fails to object within a reasonable time, and such objection cannot be delayed until the statute of limitations period expires.
[1] An account stated becomes conclusively established when a creditor renders periodic bills and the debtor fails to object within a reasonable time, and the debtor's right…
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Join FLexlaw to unlock all legal intelligence“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.”
Court's statement of the legal standard for when an account stated is established.
Dade County rendered an account statement to the Dudases in 1971. The Dudases did not object to the account until February 9, 1977, when they filed su…
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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(l)(f), Florida Statutes (1975). We disagree.
An account stated comes into being when a creditor periodically bills a debt-or 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 overpayment 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.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (15 total)
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Merrill-Stevens DRY Dock Co. v. "Corniche Express" & owner Myron Wisotsky, 400 So. 2d 1286 (Fla. 3d DCA 1981)…and due and an express or implicit promise to pay this balance. Harold R. Clune, Inc. v. Healthco Medical Supply, 433 N.Y.S.2d 52, 78 A.D.2d 914 (1980); Everett v. Webb Furniture Co., Inc., 98 Fla. 780, 124 So. 278 (1929). Cf. Dudas v. Dade County, 385 So. 2d 1144 (Fla.3d DCA 1980) (account stated proved by implication); Robertson v. Goethel, 369 So. 2d 365 (Fla.3d DCA 1979) (client engaged and accepted services); Breezy Bay, Inc. v. Industria Maquiladora Mexicana, S.A., 361 So. 2d 440 (Fla.3d DCA 1978) (impl…
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Robert C. Malt & Co. v. Kelly Tractor Co., 518 So. 2d 991 (Fla. 4th DCA 1988)…some of the goods were not delivered. Generally, an account stated is established where a debtor does not object to a bill from his creditor within a reasonable time. See, e.g., Martyn v. Amold, 36 Fla. 446, 18 So. 791 (1895); Dudas v. Dade County, 385 So. 2d 1144 (Fla. 3d DCA 1980); Rauzin v. Kupper, 139 So. 2d 432 (Fla. 3d DCA 1962). The invoice was dated August 31, 1985. The creditor’s complaint was filed some four months later in January 1986. Appellee consequently asserts that the general denial followed…
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Carole Korn Interiors, Inc. v. Goudie, 573 So. 2d 923 (Fla. 3d DCA 1990)…leged “an agreement between the parties that -a certain balance is correct and due and an express or implicit promise to pay this balance.” Merrill-Stevens Dry Dock Co. v. “Corniche Express”, 400 So. 2d 1286 (Fla. 3d DCA 1981); Dudas v. Dade County, 385 So. 2d 1144 (Fla. 3d DCA 1980). Accordingly, the judgments on the pleadings were improper. See Riccio v. Stein, 559 So. 2d 1207 (Fla. 3d DCA), review dismissed, 567 So. 2d 436 (Fla.1990). Furthermore, the trial court erred in granting summary judgment. As to t…
Previewing 3 of 15 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Martyn v. J. E. Amold & Co., 36 Fla. 446 (Fla. 1895)
- Daytona -Bridge Co. v. Bond, 47 Fla. 136 (Fla. 1904)
- The United Hardware-Furniture Co. v. Blue, 59 Fla. 419 (Fla. 1910)
- Moe Rauzin v. Kupper, 139 So. 2d 432 (Fla. 3d DCA 1962)