MOE RAUZIN, APPELLANT,
v.
DR. L. R. KUPPER, APPELLEE
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The appellate court affirmed a lower court's judgment that dismissed a defendant's counterclaim for an account stated. The court found insufficient evidence to establish an account stated between the parties.
No, the record failed to disclose that any account stated was ever rendered by the appellant to the appellee or that any balance was ever agreed to by the appellee.
“The record fails to disclose that any account stated was ever rendered by the appellant to the appellee or that any balance was ever agreed to by appellee.”
This quote establishes the primary reason for the court's decision, highlighting the lack of evidence for an account stated.
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Join FLexlaw to unlock all legal intelligenceThe appellee sued the appellant for a loan. The appellant admitted the loan and filed a counterclaim based on an alleged account stated. The appellee …
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The appellant was the defendant below and seeks reversal of a portion of a final judgment in favor of appellee which dismissed the appellant’s counterclaim.
The appellee brought an action seeking recovery of the sum of $1,000 allegedly loaned by appellee to appellant in 1957. The appellant answered admitting the allegations of the complaint and counterclaimed based upon an alleged account stated between the parties. The appellee replied to the appellant’s counterclaim by a general denial, and in addition, contended that the alleged claim was barred by the statute of limitations, § 95.11, Fla.Stat, F.S.A. The cause went to trial before the court without a jury upon the issues made on the counterclaim. After hearing testimony from appellant and appellee, the court rendered judgment on the appellant’s counterclaim adverse to him and he appeals.
We affirm the judgment appealed. The record fails to disclose that any account stated was ever rendered by the appellant to the appellee or that any balance was ever agreed to by appellee. The account stated generally arises from the rendition of a statement of transactions between the parties with a failure on the part of the party to whom the account was rendered to object within a reasonable time or an expressed acquiescence in the account rendered. None of the elements which we have heretofore outlined are present in the case at bar. See 1 Fla.Jur., Accounts and Accounting, § 5, and United Hardware Furniture Co. v. Blue, 59 Fla. 419, 52 So. 364, 35 L.R.A.,N.S., 1038.
Accordingly the judgment appealed is affirmed.
Affirmed.
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Dudas v. Dade Cnty., 385 So. 2d 1144 (Fla. 3d DCA 1980)…ebt- 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…
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Robert C. Malt & Co. v. Kelly Tractor Co., 518 So. 2d 991 (Fla. 4th DCA 1988)…ccount 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 by the affidavits in opposition to the motion for su…
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Braun v. Noel, 188 So. 2d 564 (Fla. 3d DCA 1966)…ntation of a . claim and its retention without obj ection cannot of itself create a liability. See Alexander v. Ballard, 95 Fla. 950, 117 So. 96 (1928); Everett v. Webb Furniture Co., 98 Fla. 780, 124 So. 278 (1929); Rauzin v. Kupper, Fla.App. 1962, 139 So. 2d 432. See also Meagher v. Kavli, 251 Minn. 477, 88 N.W. 2d 871 (1958). Cf. Nelson v. Montana Iron Mining Company, 140 Mont. 331, 371 P. 2d 874 (1962); 6 Williston, Contracts §§ 1862-1864 (rev. ed. 1938); 6 Corbin Contracts §§ 1290, 1305, 1312, 1313 (1962…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- The United Hardware-Furniture Co. v. Blue, 59 Fla. 419 (Fla. 1910)