FIRST DATA RESOURCES, INC., APPELLANT,
v.
SAFECARD SERVICES, INC., APPELLEE
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that if an express contract is found to exist, the partial summary judgment on the quantum meruit count must be vacated.
SafeCard sued First Data on multiple counts, including quantum meruit. The trial court granted partial summary judgment for SafeCard on the quantum me…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Mutually Exclusive Remedies cases and more on FLexlaw
PER CURIAM.
The appellant, First Data Resources, Inc. [First Data], appeals a non-final order granting appellee’s, SafeCard Services, Inc. [SafeCard], motion for partial summary judgment on the quantum meruit count of its amended complaint. We affirm with directions.
SafeCard filed a four count complaint against First Data for account stated, open account, breach of contract, and quantum meruit. SafeCard filed a motion for summary judgment on the issue of liability on all four counts.
At the hearing on the motion for summary judgment, SafeCard’s attorney argued that there was an express contract between the parties. In the alternative, SafeCard’s attorney argued that First Data is liable under the theory of quantum meruit. On the other hand, First Data’s attorney argued that there was no express contract between the parties. The trial court entered its order granting the motion on the quantum meruit count, denying relief without prejudice on the breach of contract count, and reserving ruling on the account stated and open account counts. First Data appeals.
First Data contends that the trial court erred in granting the partial summary judgment on the quantum meruit count where a genuine issue of material fact still exists as to whether there was an express contract between the parties. As the parties acknowledge, breach of contract and quantum meruit are mutually exclusive remedies. See Garcia v. Cosicher, 504 So. 2d 462, 463 n. 2 (Fla. 3d DCA), rev. denied, 513 So. 2d 1060 (Fla.1987); Poe v. Estate of Levy, 411 So. 2d 253, 256 (Fla. 4th DCA 1982); Tobin & Tobin Ins. Agency, Inc. v. Zeskind, 315 So. 2d 518 (Fla. 3d DCA 1975). Accordingly, if 'it is ultimately determined that there was an express contract between the parties, the trial court shall vacate the partial summary judgment on the quantum meruit count.
Affirmed with directions.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cross v. Strader Constr. Corp., 768 So. 2d 465 (Fla. 2d DCA 2000)…ruit is the antithesis of matters contracted for. Quantum meruit damages cannot be awarded when an enforceable contract exists. See Corn v. Greco, 694 So. 2d 833 (Fla. 2d DCA 1997). As stated in First Data Resources, Inc. v. Safecard Services, Inc., 574 So. 2d 311 (Fla. 3d DCA 1991), “breach of contract and quantum meruit are mutually exclusive remedies.” We conclude that the judgment for quantum meruit damages in this case does not fall within the exceptions to the homestead exemption. Accordingly, Strader’s…
-
FOX v. Kahn, 575 So. 2d 1349 (Fla. 3d DCA 1991)…review of an order compelling discovery from a nonparty witness in a post-dissolution of marriage proceeding. We treat the petition as an appeal from a non-final, post-judgment order, and reverse and remand, based on the authority of Fox v. Kelner, 574 So. 2d 311 (Fla. 3d DCA 1991). Fla.R.App.P. 9.130(a)(4), 9.040(c).…
-
Wilfredo Fleitas & Nicolasa Fleitas & Jogar Remodeling Servs., Inc. v. Julson, Inc., 580 So. 2d 636 (Fla. 3d DCA 1991)…statute. Therefore, for the reasons above stated, this cause is reversed with directions to enter a judgment in favor of the appellant homeowners. . These recoveries are mutually exclusive. First Data Resources, Inc. v. Safecard Services, Inc., 574 So. 2d 311 (Fla. 3d DCA 1991).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tobin & Tobin Ins. Agency, Inc. v. Zeskind, 315 So. 2d 518 (Fla. 3d DCA 1975)
- POE v. Est. OF Gertrude Levy, 411 So. 2d 253 (Fla. 4th DCA 1982)
- Garcia v. Moshe Cosicher, 504 So. 2d 462 (Fla. 3d DCA 1987)