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Gonzalez v. Faccidomo

District Court of Appeal of Florida, Third District.
Oct 12, 2022
347 So. 3d 1291 (Fla. Dist. Ct. App. 2022)

Opinion

No. 3D22-129

10-12-2022

Angel GONZALEZ, Appellant, v. Jude FACCIDOMO, Appellee.

Angel Gonzalez, in proper person. Russomanno & Borrello, P.A., and Herman J. Russomanno III, for appellee.


Angel Gonzalez, in proper person.

Russomanno & Borrello, P.A., and Herman J. Russomanno III, for appellee.

Before LOGUE, MILLER, and LOBREE, JJ.

PER CURIAM.

Angel Gonzalez, pro se, appeals the trial court's dismissal of his complaint against Jude Faccidomo, Esquire seeking a refund of a retainer. Gonzalez contracted with Faccidomo's law firm, Ratzan & Faccidomo, LLC, to provide post-conviction legal representation to his nephew for $12,500. Mr. Gonzalez paid the firm $7,500 to begin representation, but later demanded a refund of $5,000. When the firm refused, Mr. Gonzalez filed the complaint at issue against Mr. Faccidomo.

Attached to the complaint are (1) alleged receipts from the law firm; and (2) an unsigned copy of an alleged contract presented by Mr. Faccidomo to Mr. Gonzalez containing a non-refundable fee clause. Mr. Faccidomo moved to dismiss arguing both that Mr. Gonzalez's complaint incorrectly listed Mr. Faccidomo individually as a defendant instead of his law firm, and that the contract incorporated into the complaint conclusively established that the fees were non-refundable. Mr. Gonzalez countered that he never signed the agreement. The trial court dismissed the action with prejudice.

We affirm the trial court's dismissal of the complaint on the first ground. The receipts attached to the complaint indicate that the fee payments were made to the law firm Ratzan & Faccidomo, LLC, and not to Mr. Faccidomo individually. Any claim for a refund is properly against the firm and not Mr. Faccidomo. Because the matter is not before us, we do not address any potential claims against Ratzan & Faccidomo, LLC.

Affirmed.


Summaries of

Gonzalez v. Faccidomo

District Court of Appeal of Florida, Third District.
Oct 12, 2022
347 So. 3d 1291 (Fla. Dist. Ct. App. 2022)
Case details for

Gonzalez v. Faccidomo

Case Details

Full title:Angel GONZALEZ, Appellant, v. Jude FACCIDOMO, Appellee.

Court:District Court of Appeal of Florida, Third District.

Date published: Oct 12, 2022

Citations

347 So. 3d 1291 (Fla. Dist. Ct. App. 2022)