WATERPROOFING AND ROOFING DESIGN INC v. ASHWORTH (2020)

Appellant Waterproofing and Roofing Design, Inc., d/b/a Joe Ward Roofing, the plaintiff below, appeals a final summary judgment entered as to appellees, defendants below, Frank and Cecilia Ashworth. We affirm.

Pursuant to a written contract between appellant, a roofer, and Juan Carballo, appellant performed roofing repair and replacement work at a house owned by Carballo and his wife, Ana Carballo. Appellant alleged that it did not receive payment for the work, and that Juan Carballo's daughter, appellee Cecilia Ashworth, arranged for insurance proceeds for the damaged roof and internal water damage to be used to pay off the Carballos’ mortgage (under which Cecilia Ashworth was a co-obligor), rather than to pay appellant. In addition to asserting claims against the Carballos (which appear to remain pending below and are not subject to this appeal), appellant asserted implied contract and quasi-contract claims against both appellees ¹ and a civil theft claim against Cecilia Ashworth.

In a detailed, well-reasoned summary judgment order, the trial court correctly found that, under the facts of this case: (i) there is no basis for a civil theft claim against Cecilia Ashworth under section 812.014 of the Florida Statutes; and (ii) as a matter of law, the existence of an express, written contract between appellant and the homeowner Juan Carballo defeats appellant's implied contract and quasi-contract claims against appellees. See Sterling Breeze Owners’ Ass'n v. New Sterling Resorts, LLC, 255 So. 3d 434, 437 (Fla. 1st DCA 2018). Affirmed.

FOOTNOTES

1.   While not entirely clear from the operative third amended complaint, it appears that appellant's claims against appellee Frank Ashworth are premised on the allegations that Frank benefitted from appellant's work because Frank's in-laws received a new roof and Frank's wife, Cecilia, was released from her mortgage obligations.

SCALES, J.