HomeMy WebLinkAbout0994 s . 1
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IN THE CIRCUIT COURT OF TNS
NINETEENTH JUDICIAL CIRCUIT ~
IN AND FOR ST LUCIE COUNTY,
~ FLORIDA
CASE NUMBER 77-225-CA
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FORT PIERCE GOLF ASSOCIATION, INC., ~ i
d/b/a INDIAN HILLS GOLF AND ) !
COUI~TRY CLUB, '
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Appellant '
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SWIFT CHEMICAL COMPANY, ~ ~
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Appellee. . ~ ~
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' O P I N I 0 N
THIS IS an appeal from the Final Judgment of the Cowcity
Court of St Lucie County dated January 31, 1977, in that Court's '
Case Number 76-577-SP. T'he judgment finds the Appellant liable ~
to Appellee for damages in amount of $1416.61 plus costs. - ~
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The Appellant's main contention is that this judgment ~
is unsupported by law. Based upon the arguments heard at oral - ~
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I argument before this court and the Assignments of Ertor, :
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F tippellant appears to be correct. The law which appears to apply
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~ is the law of quasi contracts. A quasi contract is governed by
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~ the rule established in Florida that where goods or services are :
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g r~ndered by one party to another without the other`s consent but ;
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~ :•~ith his knowledge, and those goods or services are knowingly ~
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~ znd voluntarily accepted, the law presumes that they are given ~
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a promise to pay what they are reasonably worth. Appellan~'s
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~ argument is that there was no knowledge on its behalf oi the. - ~
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rendering of the goods nor did it knoivingly and voluntarily ~
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~ accept the goods. ~
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~ The problem this court faces as appellaCe court is a lack ~
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~ of adequate record on appeal. The record does not disclose
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~ ~ahether there was evidence of Appellant's knowledge of the
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~ rendering of the goods. It likewise does not show whether there
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