Acosta v. District Bd. of Trustees

905 So. 2d 226, 2005 WL 1226069
CourtDistrict Court of Appeal of Florida
DecidedMay 25, 2005
Docket3D03-3042
StatusPublished
Cited by23 cases

This text of 905 So. 2d 226 (Acosta v. District Bd. of Trustees) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Acosta v. District Bd. of Trustees, 905 So. 2d 226, 2005 WL 1226069 (Fla. Ct. App. 2005).

Opinion

905 So.2d 226 (2005)

Rigoberto ACOSTA, et al., Appellants,
v.
The DISTRICT BOARD OF TRUSTEES OF MIAMI-DADE COMMUNITY COLLEGE, and Dr. Norman Rose, Appellees.

No. 3D03-3042.

District Court of Appeal of Florida, Third District.

May 25, 2005.
Rehearing and Rehearing Denied July 13, 2005.

*227 David Helfand, Rockville, MD; and Nancy C. Wear, for appellants.

Hinshaw & Culbertson, and Marissa I. Delinks, Fort Lauderdale, for appellees.

Before GREEN, RAMIREZ, and SHEPHERD, JJ.

Rehearing and Rehearing En Banc Denied July 13, 2005.

RAMIREZ, J.

Rigoberto Acosta, et al., all former students of the Medical Assistant Program at Miami-Dade Community College, appeal the trial court's entry of an adverse summary final judgment. Because the college never promised the students any definite tuition and the students nevertheless accepted the higher tuition, we affirm.

The students all graduated from the Medical Assistant Program at the college's Medical Center Campus. The students represent the program's second class that began the two-year program in August of 1999 and graduated with an Associate in Science degree in 2001. Each of the students paid over $18,000.00 to obtain this degree. Dr. Norman Rose, a former practicing general surgeon, was the Program and Medical director.

In an acceptance letter to prospective Program applicants sent out in May 1999, Dr. Rose advised the applicants that "[d]ue to the increased cost [of] this program, it will be necessary to increase the tuition costs of the program." Dr. Rose explained that "[a]t this particular time the exact amount of the increase has not been finalized, though it will be greater than what the original cost of the program was advertised. It still should be a very economical program and be under $6,000 for the two years of education." Dr. Rose also requested the prospective students sign an "Acceptance Letter" which he enclosed in his communication that stated that they were "aware of the increase in the cost of the program." If the applicant did not sign and return the enclosed Acceptance Letter by registered mail within two weeks, Dr. Rose stated that "it will be necessary to offer this position to one of the alternates for the program." The Acceptance Letter stated that the students, "realizing that the cost of the Physician Assistant Program at Miami-Dade Community College, Medical Center Campus, will increase, do accept the position offered [them] to enter the class of August, 1999." All of the prospective students signed and returned the enclosed form.

On July 26, 1999, Dr. Rose informed the students that the college had "hired additional full-time faculty bringing the number to five." Dr. Rose added that the faculty *228 staff included a Doctor of Pharmacology and a Certified Pathologist. Additionally, Dr. Rose informed the students that the college had: (1) contracted surrogates for male and female examinations, (2) upgraded the human patient simulator at a cost of $16,000.00, in addition to the original $230,000.00, (3) and was currently arranging for the purchase of a pediatric model of the human patient simulator at a cost of $140,000.00. Dr. Rose also informed the students that the "special fee added to the current tuition amount[ed] to $280 per credit hour" which would raise the students' "first semester tuition by $2,800.00." The Program outline which Dr. Rose enclosed with his communication indicated that the total cost of the Program was $18,543.10. Prior to the commencement of the Program's classes and prior to any tuition having been paid by the students, the college held an orientation for the students in which the college reiterated the reasons for the increase in the Program's cost. With this knowledge in hand, two students decided not to attend the Program, while thirty-one, all appellants in this cause, proceeded with the Program, paid the tuition, and graduated as Medical Assistants.

In 2001, the students sued the college and Dr. Rose for breach of contract, fraud in the inducement, violation of various sections of Florida Statutes and Florida's administrative code, and later promissory estoppel. The defendants moved for summary judgment on all counts, which the trial court granted.

"The rule is generally recognized that for the parties to have a contract, there must be reciprocal assent to certain and definite propositions." Truly Nolen, Inc. v. Atlas Moving & Storage Warehouses, Inc., 125 So.2d 903, 905 (Fla. 3d DCA 1961). "It is well established that a meeting of the minds of the parties on all essential elements is a prerequisite to the existence of an enforceable contract...." Greater New York Corp. v. Cenvill Miami Beach Corp., 620 So.2d 1068, 1070 (Fla. 3d DCA 1993). What constitutes "the essential terms will vary widely according to the nature and complexity of each transaction and will be evaluated on a case by case basis...." Socarras v. Claughton Hotels, Inc., 374 So.2d 1057, 1060 (Fla. 3d DCA 1979). However, price is generally recognized as an essential element to a contract. See Leopold v. Kimball Hill Homes Florida, Inc., 842 So.2d 133, 138 (Fla. 2d DCA 2003). As there was no price quoted in the contract, there could be no contract. Appellees thus cannot be found to have breached it.

We also affirm as to all other counts. There was no evidence of fraud presented in this record and, as to promissory estoppel, that count suffers from the same infirmity as the breach of contract count. W.R. Grace and Co. v. Geodata Servs., Inc., 547 So.2d 919, 924 (Fla.1989)(rejecting the application of promissory estoppel because the promise was not sufficiently definite as to terms and time).

The dissent relies on Payne v. Humana Hosp. Orange Park, 661 So.2d 1239, 1241 (Fla. 1st DCA 1995) for the proposition that, when a contract fails to fix a price, a reasonable price is implied. We agree. However, a careful reading of the appellants' second amended complaint does not contain any allegation that the tuition was unreasonable. In fact, the college has asserted without contradiction that, even at a total of over $18,000, its program was the most economical in the State of Florida.

Additionally, even if we assume that there was a valid and enforceable contract in this case, the students, through their conduct, by commencing the program, satisfying all their course requirements, and eventually graduating, may be *229 held to have acquiesced to the higher tuition. "Where a party fails to declare a breach of contract, and continues to perform under the contract after learning of the breach, it may be deemed to have acquiesced in an alteration of the terms of the contract, thereby barring its enforcement." New Jersey v. Gloucester Envtl. Mgmt. Servs., 264 F.Supp.2d 165, 177-78 (D.N.J., 2003).

Affirmed.

GREEN and RAMIREZ, JJ., concur.

SHEPHERD, J. (concurring in part and dissenting in part).

I am in agreement with the majority that the lower court properly granted summary judgment for MDCC as to the fraud in the inducement count for lack of evidence to support the claim. However, I respectfully dissent on the summary affirmance of the breach of contract and promissory estoppel claims. I believe that the majority opinion not only condones an injustice to the students of the type the quasi-contractual relief sought here is designed to rectify, but also that the majority fails to sufficiently credit a genuine issue of material fact on which this case should be permitted to proceed to a jury. Fla. R. Civ. P. 1.510.

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Bluebook (online)
905 So. 2d 226, 2005 WL 1226069, Counsel Stack Legal Research, https://law.counselstack.com/opinion/acosta-v-district-bd-of-trustees-fladistctapp-2005.