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Reibel v. Weiser, C.P.A

District Court of Appeal of Florida, Fourth District
Dec 21, 1983
442 So. 2d 418 (Fla. Dist. Ct. App. 1983)

Opinion

No. 82-1586.

December 21, 1983.

Appeal from the Circuit Court, Broward County, Lamar Warren, J.

Gerald Mager and Andrew T. Lavin of Abrams, Anton, Robbins, Resnick, Schneider Mager, P.A., Hollywood, for appellant.

Marshall G. Curran, Jr., of Spear, Deuschle Curran, P.A., Fort Lauderdale, for appellees.


This is an appeal by the defendant from a final judgment which resulted from a lawsuit over the dissolution of an accounting firm. Suit was originally brought on the theory of a breach of contract relating to a buy-out of the customer accounts upon dissolution of the business. Although the court denied the plaintiff relief on the theory of breach of a written contract, the court awarded damages on the theory of unjust enrichment. There is clear and adequate evidence to support the factual findings of the trial court and the judgment is affirmed. Precisely the same result might have been more appropriately reached by reliance upon theories of oral contract or implied contract. In actuality, the trial court found a binding agreement between the parties but couched the judgment in terms of unjust enrichment. The final judgment is affirmed.

AFFIRMED.

ANSTEAD, C.J., and BERANEK and DELL, JJ., concur.


Summaries of

Reibel v. Weiser, C.P.A

District Court of Appeal of Florida, Fourth District
Dec 21, 1983
442 So. 2d 418 (Fla. Dist. Ct. App. 1983)
Case details for

Reibel v. Weiser, C.P.A

Case Details

Full title:HARRY REIBEL, APPELLANT, v. IRWIN A. WEISER, C.P.A., ET AL., APPELLEES

Court:District Court of Appeal of Florida, Fourth District

Date published: Dec 21, 1983

Citations

442 So. 2d 418 (Fla. Dist. Ct. App. 1983)

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