Stratton of Florida, Inc. v. Rodel Fire Protection, Inc.

Full title: STRATTON OF FLORIDA, INC., A FLORIDA CORPORATION, APPELLANT, v. RODEL FIRE…

Court: District Court of Appeal of Florida, Third District

Date published: May 10, 1988

524 So. 2d 726 (Fla. Dist. Ct. App. 1988)

Opinion

No. 87-550.

May 10, 1988.

An Appeal from the Circuit Court for Dade County; Donald E. Stone, Judge.

Fowler, White, Gillen, Boggs, Villareal and Banker, P.A., and Dale W. Vash and Catherine C. Prats, Tampa, for appellant.

John R. Sutton, P.A., and Jeffrey I. Jacobs, Miami, for appellee.

Before HENDRY, FERGUSON and JORGENSON, JJ.

PER CURIAM.

We affirm the final judgment based upon our conclusion that Rodel Fire Protection, Inc., presented satisfactory evidence of an open account and an account stated to support the amount awarded. See Robert W. Gottfried, Inc. v. Cole, 454 So.2d 695 (Fla. 4th DCA 1984); Dudas v. Dade County, 385 So.2d 1144 (Fla. 3d DCA 1980).

Affirmed.

HENDRY and JORGENSON, JJ., concur.

FERGUSON, Judge (specially concurring).

Because there is no evidence of a "failure of the debtor to object within a reasonable time" I would not affirm on a theory of account stated. Dudas v. Dade County, 385 So.2d 1144 (Fla. 3d DCA 1980). There is, however, competent and substantial evidence of a breach of the revived original contract to support the judgment.