Legal Opinion

Thomas O. Daake, Sr. and Adele Z. Daake v. Decks N Such Marine, Inc.

District Court of Appeal of Florida

Decided August 29, 2016No. 1D15-1331PublishedCited by 5 opinions

1Opinion of the CourtB.L. Thomas, J.

We affirm all issues raised on appeal and cross-appeal, but write to explain why we reject Appellee’s argument on cross-appeal that the trial court erred in denying its claim for relief in quantum meruit for construction of a seawall. Cross-Appellee Daake Family Trust 125, LLC (“Family Trust”) refused to honor a contractual agreement, which it signed, to compensate Appellee Decks N Such Marine, Inc. (“DNS”) for the construction of a seawall on its property. A valid construction contract was formed between Appellee DNS and Appellants Mr. and Mrs. Daake and the Family Trust; however, DNS…

2Cases cited9 opinions

  1. Hurt v. Leatherby Ins. Co.Supreme Court of Florida · 1980
  2. Townsend Contracting v. JENSEN CIV. CONST.District Court of Appeal of Florida · 1999
  3. Osteen v. MorrisDistrict Court of Appeal of Florida · 1986
  4. Corn v. GrecoDistrict Court of Appeal of Florida · 1997
  5. Silver Shells Corp. v. St. Maarten at Silver Shells Condominium Ass'nDistrict Court of Appeal of Florida · 2015

4 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

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  2. Capital Sales & Marketing, Inc. v. NCL (Bahamas) Ltd.District Court, S.D. Florida · 2020
  3. F.H. PASCHEN, S.N. NIELSEN & ASSOCIATES, LLC v. B & B SITE DEVELOPMENT, INC.District Court of Appeal of Florida · 2021
  4. NetApp Inc. v. Jon Thorgrimur StefánssonDistrict Court, M.D. Florida · 2026
  5. Servant Health, LLC v. McWilliams Collective, LLCDistrict Court, M.D. Florida · 2022

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