Conidaris v. CRESSWOOD SERVICES, INC., 2D99-5000.
| Citation | 779 So.2d 518 |
| Decision Date | 08 December 2000 |
| Docket Number | No. 2D99-5000.,2D99-5000. |
| Parties | Grace A. CONIDARIS and Robert Conidaris, d/b/a Lani Kai Island Resort, Appellants, v. CRESSWOOD SERVICES, INC., Appellee. |
| Court | Court of Appeal of Florida (US) |
Robert R. Hagaman of Robert R. Hagaman & Associates, Naples, for Appellants.
Richard A. Feldman, West Palm Beach, for Appellee.
Grace and Robert Conidaris challenge the final judgment of the trial court ordering them to pay $12,256.33 to Cresswood Consolidated Services, Inc. The Conidarises argue that because the trial court found Cresswood breached the parties' contract, Cresswood should not be entitled to a judgment in equity. They further maintain that the trial court erred by ordering them to pay Cresswood $4,256 for unpaid invoices. We reverse on the first issue, but affirm on the second.
This dispute arose when the Conidarises, owners of the Lani Kai Resort Hotel, contracted with Cresswood to act as their agent in purchasing furnishings for the hotel. The Conidarises were attempting to acquire franchise status as a Quality Inn Suites from Choice Hotels International. The contract between Cresswood and the Conidarises required that all furnishings supplied by Cresswood comply with Choice's franchisee specifications.
Although Choice's specifications did not allow vinyl furniture, the Conidarises and their representatives made oral statements to Cresswood that they wanted to purchase furniture that would match the hotel's existing pink vinyl furniture. Cresswood submitted to Choice a color sample board that included a sample of the pink vinyl. After receiving no response regarding the furniture, Cresswood supplied the Conidarises with the pink vinyl furniture they requested.
Upon inspection by Choice, the franchisor informed the Conidarises that the vinyl furniture was not in compliance with franchisee specifications. However, Choice agreed that they could use the furniture and replace it in five years or as needed, whichever came first. Although they were in possession of the furniture and were using a portion of it in their hotel, the Conidarises refused to pay Cresswood for the vinyl furniture and refused to pay various invoices for other items supplied by Cresswood.
Cresswood sought payment for the furniture and the other items by filing suit against the Conidarises for open account, goods sold, and account stated. The Conidarises, in turn, raised the legal affirmative defenses of breach of contract and negligence, and brought a counterclaim based on the same theories. Cresswood did not include any claim for equitable relief nor...
To continue reading
Request your trial
-
Golden v. Woodward, 1D08-3324.
...on the other claims. This appeal ensued. Appellants assert that the trial court erred, first, pursuant to Conidaris v. Cresswood Serv., Inc., 779 So.2d 518, 519 (Fla. 2d DCA 2000), by granting relief on a claim for a "vendor's lien" because no such claim was either pled in the complaint or ......
-
Troyts Auto Serv. v. Vitelli, 2D14–2201.
...by consent.” Lodge Constr., Inc. v. Far E. GC Exponent, Inc., 800 So.2d 325, 325 (Fla. 2d DCA 2001) (citing Conidaris v. Cresswood Servs., Inc., 779 So.2d 518, 519 (Fla. 2d DCA 2000) ). The complaint does not include a claim for conversion, it was not amended nor was a request to amend file......
-
Hill v. Poole, 2D00-3770.
...this portion of the prayer for relief, the trial court was without jurisdiction to make the award. See Conidaris v. Cresswood Servs., Inc., 779 So.2d 518 (Fla. 2d DCA 2000); Koehler v. Roberts, 661 So.2d 374 (Fla. 2d DCA 1995). Accordingly, we affirm the final judgment, except for the $216 ......
-
Donkersloot v. Donkersloot
...(Fla.1991). However, a trial court may not award relief that has not been requested nor tried by consent. Conidaris v. Cresswood Servs., Inc., 779 So.2d 518, 519 (Fla. 2d DCA 2000) (holding that trial court was without authority to order owners to pay where equitable remedy was neither soug......