GENE B. GLICK COMPANY, INC., CONTINENTAL CASUALTY COMPANY AND BACK BAY APARTMENTS, APPELLANTS,
v.
SUNSHINE READY CONCRETE COMPANY, INC., APPELLEE
GENE B. GLICK COMPANY, INC., CONTINENTAL CASUALTY COMPANY AND BACK BAY APARTMENTS, APPELLANTS,
SUNSHINE READY CONCRETE COMPANY, INC., APPELLEE
651 So. 2d 190
Florida District Court of Appeal, Fourth District (1995)
Caution
Cited by 19 cases
Opinion of the Court
PER CURIAM.
We affirm the trial court in all respects except we reverse as to that portion of the final judgment in favor of the appellee, Sunshine Ready Concrete Co., against the appellant, Back Bay Apartments for unjust enrichment.
Unjust enrichment is equitable in nature and cannot exist where payment has been made for the benefit conferred. Back Bay paid Glick Company the full amount of its contract for the construction project. Accordingly, there can be no unjust enrichment to support Sunshine’s claim.
GUNTHER, PARIENTE and SHAHOOD, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (13 total)
-
Commerce P'ship 8098 Ltd. P'ship & Forest-English, Inc. v. Equity Contracting Co., Inc., 695 So. 2d 383 (Fla. 4th DCA 1997)…cur. . Variety Children's Hospital, 385 So. 2d at 1053; Tipper, 281 So. 2d at 13; Policastro, 420 So. 2d at 326; Nursing Care Servs., Inc. v. Dobos, 380 So. 2d 516, 518 (Fla. 4th DCA 1980). . Gene B. Glick Co., Inc. v. Sunshine Ready Concrete Co., 651 So. 2d 190 (Fla. 4th DCA 1995); Hillman Constr., 636 So. 2d at 577; Zaleznik, 576 So. 2d at 778; Henry M. Butler, Inc., 524 So. 2d at 710; Challenge Air Transport, Inc. v. Transportes Aereos Nacionales, 520 So. 2d 323 (Fla. 3d DCA 1988); Coffee Pot Plaza Partn…
-
Ratta v. Ratta, 927 So. 2d 1055 (Fla. 4th DCA 2006)…34, 637, n. 1 (Fla. 5th DCA 1982); Carter v. Suggs, 190 So. 2d 784, 788 (Fla. 1st DCA 1966). Although some Florida courts have described quasi contracts as being "equitable in nature,” "e.g., Gene B. Glick Co., Inc. [v. Sunshine Ready Concrete Co.], 651 So. 2d 190 [(Fla. 4th DCA 1995)], the term has been used in the sense of 'fairness,' to describe that quality which makes an enrichment unjust, and not as a reference to the equity side of the court.” Commerce P’ship, 695 So. 2d at 390.…
-
The Real Est. Value Co., Inc. v. Carnival Corp., 92 So. 3d 255 (Fla. 3d DCA 2012)…shed that “[u]njust enrichment ‘cannot exist where payment has been made for the benefit conferred.’” N.G.L. Travel Assocs. v. Celebrity Cruises, Inc., 764 So. 2d 672, 675 (Fla. 3d DCA 2000) (quoting Gene B. Glide Co. v. Sunshine Ready Concrete Co., 651 So. 2d 190, 190 (Fla. 4th DCA 1995)); see also Am. Safety Ins. Serv., Inc. v. Griggs, 959 So. 2d 322, 331-32 (Fla. 5th DCA 2007) (“When a defendant has given adequate consideration to someone for the benefit conferred, a claim of unjust enrichment fails.”). Th…
Previewing 3 of 13 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligence