Kimack v. Adams

PUDLOWSKI, Judge.

Joseph Kimaek (Kimack) filed suit for the return of $2,900 prepaid rental advance. The cause was tried before an associate circuit judge without a jury and judgment was entered in favor of Kimaek. Jerry and Kathy Adams (Owners) appealed. In a de novo trial heard without a jury, the trier of fact Judge Dunlap, found for Kimack and entered judgment for him in the sum of $517.95 which represented five days rental credit. Kimack appeals the judgment. We affirm.

On January 9, 1994, Kimack telephoned the Owners inquiring about a newspaper advertisement for a Florida condominium…