KISS LEADS INC v. GOLD ASSOCIATES (2021)

District Court of Appeal of Florida, Third District.

KISS LEADS, INC., Appellant, v. GOLD & ASSOCIATES, P.A., et al., Appellees.

No. 3D20-0393

Decided: September 29, 2021

Before FERNANDEZ, C.J., and GORDO and LOBREE, JJ.

Law Offices of Scott Alan Orth, P.A., and Scott Alan Orth (Hollywood), for appellant. Kluger, Kaplan, Silverman, Katzen & Levine, P.L., and Alan J. Kluger and Michael T. Landen, for appellees.

Kiss Leads, Inc. challenges a final judgment entered against it on its (1) breach of contract claim against Gold & Associates P.A., Ticket Clinic PLC, and Mark Gold, individually, (2) breach of contract claim against Gold & Associates P.A., (3) open account claim against Gold & Associates P.A, and (4) open account claim against Ticket Clinic PLC. Upon our thorough examination of the record, we find that Gold & Associates P.A. and Ticket Clinic PLC were not entitled to summary judgment on the open account claims, as they failed to meet their preliminary burden to show there were no genuine issues of any material fact and they were entitled to judgment as a matter of law. See Fla. Nat'l Bank v. Carr & Schnell, 540 So. 2d 217, 218 (Fla. 2d DCA 1989). We affirm on all other issues.

Affirmed in part; reversed in part and remanded.

PER CURIAM.

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