Legal Opinion
Sunex International Inc. v. Colson
District Court of Appeal of Florida
Decided September 12, 2007No. 4D06-3692PublishedCited by 3 opinions
1Opinion of the CourtMay, J.
The difference between a sham and a mistake is at issue in this appeal. The seller of building materials appeals an order striking its amended complaint as a sham pleading. It argues the trial court erred in confusing its accounting mistakes in calculating the amounts owed as a sham. We agree and reverse.
On August 30, 2004, the seller sued the buyer1 for unpaid invoices, plus service charges in the amount of $21,490.37. It attached copies of nineteen unpaid invoices, and alleged the buyer had not paid for roofing materials it purchased between February and May 2003.
On November 18, 2004, the…
2Cases cited5 opinions
- Johnson v. StudstillSupreme Court of Florida · 1954
- Meadows v. EdwardsSupreme Court of Florida · 1955
- Destiny Const. v. Martin K. Eby ConstDistrict Court of Appeal of Florida · 1995
- Menke v. Southland Specialties Corp.District Court of Appeal of Florida · 1994
- Cromer v. MullallyDistrict Court of Appeal of Florida · 2003
3Cited by3 opinions
- GEORGE DORA, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF MARY ROSE MORRISON, THE SURVIVING SPOUSE OF PAUL DOUGLAS MORRISON, AND AS CO-TRUSTEE OF THE MARY ROSE AND DOUGLAS MORRISON FAMILY TRUST v. MARC MORRISON, AS CO-TRUSTEE OF THE MARY ROSE AND DOUGLAS MORRISON FAMILY TRUST, U/A/D 10/05/2007, JULIE MORRISON POIRIERDistrict Court of Appeal of Florida · 2024
- MICHAEL GLEMAN v. MWH AMERICAS, INC.District Court of Appeal of Florida · 2021
- Reyes ex rel. Barcenas v. RoushDistrict Court of Appeal of Florida · 2012