West Palm Beach Litigation: When can a West Palm Beach probate lawyer bring an unjust enrichment claim?

Are you thinking about bringing an unjust enrichment claim? Do you know what the affirmative defenses to an unjust enrichment claim are? What is an unjust enrichment action?  What should Florida litigators know about unjust enrichment actions? Are there statutes of limitations that may bar an unjust enrichment claim? 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. In Southern Specialties Inc. v. Farmhouse Tomatoes Inc., a claim was brought for unjust enrichment after the defendant failed to repay monies that were loaned to the plaintiff. However, the defendant answered the complaint 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.  The trial court found that the unjust enrichment claim WAS barred by the statute of limitations and the plaintiff appealed. Did the Fourth DCA agree? The Fourth DCA concluded that the court properly found that the unjust enrichment claim was barred by the statute of limitations because the plaintiff pled an unjust enrichment claim based upon monies loaned without referencing any written instrument. Because the claim was not founded on a written instrument, a four year statute of limitations applied.  To read the entire case, click here.