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Carole Korn Interiors, Inc. v. Goudie

Citations: 573 So. 2d 923; 1990 Fla. App. LEXIS 9642; 1990 WL 212030Docket: No. 90-654

Court: District Court of Appeal of Florida; December 25, 1990; Florida; State Appellate Court

Narrative Opinion Summary

In this appellate case, Carol Korn Interiors, Inc. (CKI) challenged the trial court's decisions granting judgment on the pleadings and summary judgment in favor of defendants John Goudie and Humberto Davila. CKI sought to recover fees for interior design services, alleging breach of an oral contract and account stated. The defendants countered with affirmative defenses, leading Davila to file motions for judgment on the pleadings and summary judgment, which Goudie joined. The trial court ruled against CKI, stating that the company failed to establish its claims. However, the appellate court reversed these decisions, finding that CKI adequately stated claims for breach of an oral contract and account stated. It noted that CKI's allegations suggested a direct agreement with Davila and Goudie, which did not invoke the statute of frauds, as it involved personal responsibility rather than a third-party debt. Additionally, the appellate court identified genuine issues of material fact, particularly concerning the submission and receipt of billing documentation, making summary judgment inappropriate. Consequently, the case was remanded for further proceedings, clarifying that CKI's claims were based on personal liability rather than a guaranty.

Legal Issues Addressed

Account Stated

Application: CKI's account stated claim was supported by allegations of an agreement on a balance due and an implied promise to pay, which the trial court improperly dismissed.

Reasoning: Additionally, CKI’s account stated claim was supported by allegations of an agreement on a balance due and an implied promise to pay.

Judgment on the Pleadings

Application: The appellate court found that the trial court erred in granting judgment on the pleadings as CKI sufficiently stated causes of action for breach of an oral contract and account stated.

Reasoning: The appellate court found that CKI sufficiently stated causes of action for breach of an oral contract, alleging an agreement with Davila and Goudie, that services were provided, and that payment was not made, resulting in damages.

Statute of Frauds

Application: The trial court misapplied the statute of frauds, which was not applicable as CKI's claim was based on personal responsibility for payment and not a promise to pay another's debt.

Reasoning: Regarding the breach of oral contract claim, the trial court incorrectly applied the statute of frauds, which requires written agreements for certain debts.

Summary Judgment and Contested Issues of Fact

Application: The summary judgment was reversed due to the presence of contested issues of fact, particularly regarding the submission and receipt of a bill or invoice by CKI.

Reasoning: Furthermore, the summary judgment was improper as there were contested issues of fact regarding whether CKI had submitted a bill or invoice.