Connie Scott v. Acuity Real Estate Services, LLC, D/B/A effectiveagents.com
CourtDistrict Court of Appeal of Florida
Date FiledApril 21, 2023
Docket2D2021-3316
StatusPublished
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Full Opinion
DISTRICT COURT OF APPEAL OF FLORIDA
SECOND DISTRICT
CONNIE SCOTT,
Appellant,
v.
ACUITY REAL ESTATE SERVICES, LLC,
d/b/a EFFECTIVEAGENTS.COM,
Appellee.
No. 2D21-3316
April 21, 2023
Appeal from the County Court for Hillsborough County; Gaston
Fernandez, Judge.
Stephen J. Bagge of Carey, O'Malley, Whitaker, Mueller, Roberts &
Smith, P.A., Tampa; and Timothy J. Somen of Somen Law Firm, LLC,
Schaumburg, Illinois, for Appellant.
Richard N. Asfar and Mark S. Edwards, of Almazan Law, Miami, for
Appellee.
ROTHSTEIN-YOUAKIM, Judge.
Connie Scott appeals a final judgment entered after a bench trial
awarding Acuity Real Estate Services, LLC, $4,218.75 for an unpaid
referral fee. Because Acuity proved the existence of a contract with Scott
for the fee, we reverse to the extent the trial court also found Scott liable
on an unjust-enrichment theory. See Kovtan v. Frederiksen, 449 So. 2d
1, 1 (Fla. 2d DCA 1984) ("It is well settled that the law will not imply a
contract where an express contract exists concerning the same subject
matter." (citing collected cases)); Diamond "S" Dev. Corp. v. Mercantile
Bank, 989 So. 2d 696, 697 (Fla. 1st DCA 2008) ("Florida courts have held
that a plaintiff cannot pursue a quasi-contract claim for unjust
enrichment if an express contract exists concerning the same subject
matter." (citing collected cases)). We otherwise affirm without comment.
Affirmed in part; reversed in part.
MORRIS, C.J., and SLEET, J., Concur.
Opinion subject to revision prior to official publication.
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