Opinion
Case No. 1D04-1667.
Opinion filed March 21, 2005.
An appeal from the Circuit Court for Clay County, Honorable McCarthy Crenshaw, Jr., Judge.
James T. Miller, Esquire, Jacksonville, for Appellant.
Pamela S. Leslie, General Counsel and Gregory G. Costas, Assistant General Counsel, Department of Transportation, Tallahassee, for Appellee.
The trial court's final judgment, as it relates to Count II of appellant's complaint for quantum meruit, is not supported by competent substantial evidence. The evidence is undisputed that, with the knowledge and consent of appellee, appellant was retained to represent appellee's sister when she owned the subject real property; that appellant performed legal services in connection with the condemnation of such property by the Department of Transportation; and that such services conferred a benefit on appellee which he accepted when he purchased the property from his sister. See Hull Co. v. Thomas, 834 So. 2d 904, 906-907 (Fla. 4th DCA 2003). Accordingly, we REVERSE and REMAND for the trial court to determine the amount that appellant is entitled to under Count II. See Searcy, Denny, Scarola, Barnhart Shipley, P.A. v. Polet, 652 So. 2d 366, 369 (Fla. 1995) ("[A] quantum meruit award must take into account the actual value of the services to the client."). We AFFIRM the final judgment as to Count I without further comment.
VAN NORTWICK, POLSTON AND THOMAS, JJ., CONCUR.
NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED