Florida Probate Litigation: Unjust Enrichment Claims
What is an unjust enrichment action? When can a West Palm Beach probate lawyer bring an unjust enrichment claim? What should Florida trust attorneys know about unjust enrichment claims? Are these claims common in probate or guardianship lawsuits? To learn more about unjust enrichment claims, you may want to read a November 21, 2018 Fourth DCA opinion, Southern Specialties Inc. v. Farmhouse Tomatoes Inc.
Unjust enrichment is a claim that is usually brought when a contract is breached. There are 3 elements of a claim for unjust enrichment. What are these elements? (1) the plaintiff has conferred a benefit on the defendant (2) the defendant voluntarily accepted and retained that benefit; and (3) the circumstances are such that it would be inequitable for the defendants to retain it without paying the value therof. ” Virgilio v. Ryland Grp., Inc., 680 F. 3d 1329, 1337( 11th Cir. 2012).
Southern Specialties Inc. v. Farmhouse Tomatoes Inc.
In this recent Florida case, Southern Specialties filed an unjust enrichment complaint, in addition to other complaints, against Farmhouse Tomatoes for failing to repay monies loaned. Farmhouse answered with an affirmative defense saying that ,according to Florida Statute 95.11(3)(k), the unjust enrichment claim was barred by the four year statute of limitations for legal or equitable actions not founded on a written instrument. Did the Fourth DCA agree? To read the entire case and find out, click here.