BASIC FOOD INDUSTRIES, INC., APPELLANT,
v.
ROBERT HALF PERSONNEL AGENCIES OF FLORIDA, INC., APPELLEE

Fla. 3d DCA | 1974-03-12
No. 73-847
Before CARROLL and HAVERFIELD, JJ., and DREW E. HARRIS, Associate Judge.
291 So. 2d 94 Florida District Court of Appeal, Third District (1974)

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Holding

The court held that the plaintiff presented substantial competent evidence to sustain the trial court's finding of a debt owed by the defendant.


Facts & Procedural History

A personnel agency sued a corporation for an unpaid $3,000 fee for placing an executive. The corporation refused to pay the invoice after the employee…

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Opinion of the Court
PER CURIAM.

PER CURIAM.

Defendant-appellant appeals an adverse final judgment entered by the trial court which awarded plaintiff $3,000 plus costs.

Plaintiff-appellee, a personnel agency, filed suit against the defendant-appellant Basic Food Industries, Inc. to recover on an account stated for services in securing an executive-employee for a subsidiary of the defendant. Plaintiff agency alleged that in May 1971 its manager, Mr. Doro, received a telephone call from one Framke who identified himself as president of the defendant corporation and requested Mr. Doro to find a comptroller for a subsidiary company of the defendant-appellant. In accordance with this request plaintiff secured for the defendant as an employee Lee Reifel and thereafter plaintiff sent a $3,000 invoice for services rendered to the appellant who refused to pay it. Plaintiff then filed its complaint to recover the $3,000 and attached thereto a fee schedule and a copy of the invoice mailed to the defendant. The cause was tried non-jury at the conclusion of which the trial court entered judgment in favor of the plaintiff in the sum of $3,-000, from which defendant now appeals.

On appeal, appellant basically contends that the plaintiff failed to establish a prima facie case. We disagree.

After a careful examination of the record on appeal we conclude there was substantial competent evidence contained therein to sustain the trial court in finding the existence of a debt from the defendant to the plaintiff in the amount of $3,000. See Gendzier v. Bielecki, Fla.1957, 97 So. 2d 604.

Accordingly, the judgment herein appealed is hereby affirmed.

Affirmed.


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