CONNIE SCOTT v. ACUITY REAL ESTATE SERVICES LLC EFFECTIVEAGENTS COM (2023)

District Court of Appeal of Florida, Second District.

CONNIE SCOTT, Appellant, v. ACUITY REAL ESTATE SERVICES, LLC, d/b/a EFFECTIVEAGENTS.COM, Appellee.

No. 2D21-3316

Decided: April 21, 2023

Stephen J. Bagge of Carey, O'Malley, Whitaker, Mueller, Roberts & Smith, P.A., Tampa; and Timothy J. Somen of Somen Law Firm, LLC, Schaumburg, Illinois, for Appellant. Richard N. Asfar and Mark S. Edwards, of Almazan Law, Miami, for Appellee.

Connie Scott appeals a final judgment entered after a bench trial awarding Acuity Real Estate Services, LLC, $4,218.75 for an unpaid referral fee. Because Acuity proved the existence of a contract with Scott for the fee, we reverse to the extent the trial court also found Scott liable on an unjust-enrichment theory. See Kovtan v. Frederiksen, 449 So. 2d 1, 1 (Fla. 2d DCA 1984) (“It is well settled that the law will not imply a contract where an express contract exists concerning the same subject matter.” (citing collected cases)); Diamond “S” Dev. Corp. v. Mercantile Bank, 989 So. 2d 696, 697 (Fla. 1st DCA 2008) (“Florida courts have held that a plaintiff cannot pursue a quasi-contract claim for unjust enrichment if an express contract exists concerning the same subject matter.” (citing collected cases)). We otherwise affirm without comment.

Affirmed in part; reversed in part.

ROTHSTEIN-YOUAKIM, Judge.

MORRIS, C.J., and SLEET, J., Concur.

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