American Learning Systems, Inc. v. Gomes

199 So. 3d 1076, 2016 Fla. App. LEXIS 13219, 2016 WL 4539622
CourtDistrict Court of Appeal of Florida
DecidedAugust 31, 2016
DocketNo. 4D15-4836
StatusPublished
Cited by7 cases

This text of 199 So. 3d 1076 (American Learning Systems, Inc. v. Gomes) 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
American Learning Systems, Inc. v. Gomes, 199 So. 3d 1076, 2016 Fla. App. LEXIS 13219, 2016 WL 4539622 (Fla. Ct. App. 2016).

Opinion

GERBER, J.

A private school appeals from the circuit court’s -order granting the parents’ motion for temporary injunction. The order requires the school to release to the parents the transcripts for their high school age children. The school had withheld the transcripts because the parents allegedly breached their contract to pay the chil[1078]*1078dren’s tuition after withdrawing the children from the school, and the contract provided that all obligations must be paid in full before any transcripts can be released. Despite the contract’s plain language, the parents moved for a temporary injunction to obtain their children’s transcripts because the children needed the transcripts for future education. The circuit court granted the temporary injunction, presumably because as a result of the dispute between the school and the parents over money, the children became innocent victims. However, we are required to conclude the circuit court erred in granting the temporary injunction. Based on the contract’s plain language, the parents failed to establish a substantial likelihood of success of being entitled to obtain their children’s transcripts without first paying their obligation to the school. We cannot rewrite the contract. Thus, we reverse.

We present this opinion in five parts:

1. the school’s complaint;
2. the parents’ counterclaim and motion for temporary injunction;
3. the school’s response to the parents’ motion;
4. the court’s order granting the parents’ motion in part; and
5. this appeal and our conclusions.

1. The School’s Complaint

The school initiated this case by suing the father for breach of contract and the parents jointly for account stated. The school’s complaint alleged as follows.

In January 2014, the father executed a contract to enroll the parents’ two children for the 2014-2015 School Year. The contract provided, in pertinent part:
19. I/We understand and agree that my/our child is being enrolled for the entire 2014-2015 school year. I/We also agree that it is impossible for the School to determine at the time of our execution of this Agreement the damage and loss that the School would incur from the late cancellation or expulsion/withdrawal of one or more of the students enrolled under this Agreement. Therefore, I/we agree that once this Re-Enrollment Contract has been signed and the registration fee paid, I/we become liable for the entire year’s tuition and fees as liquidated damages unless I/we cancel this contract in accordance with the strict cancellation procedures, as follows:
(a) If enrolled by May 20, 2014, my/ our WRITTEN cancellation notice must be received by the Business Office by May 30, 2014;
(b) If enrolled after May 20, 2014, my/our WRITTEN cancellation notice must be received in the Business Office by the EARLIER of ten (10) days after payment of the registration fee(s) OR the first scheduled day of school pursuant to the official school calendar, whichever occurs first.
Time is of the essence as to all deadlines stated in this Re-Enrollment Contract. ... After the above cancellation dates, there will be no refund, reduction, or transfer of fees or tuition. I/We understand that my/our child(ren)’s voluntary ... absence from School for any reason, including ... withdrawal ..., will not affect my/our financial responsibility. In the event of withdrawal ..., the entire remaining balance due under this contract remains due and payable and shall, at the sole discretion of the School, become immediately due and payable-School records and transcripts will not be released for any of the students enrolled under this Contract until the account [1079]*1079is paid in full for all students enrolled under this Contract.
BG □ Parent/Guardian Initials. I/We have read and will abide by the payment and cancellation policies in paragraph 19.
* Both parents must sign (unless the School, in its discretion,
permits enrollment with one parent’s signature)
s/Breno Gomes_ 01/14/20131
Signature of Father (or legal guardian) Date
_ 01/14/2013
Signature of Mother (or legal guardian) Date

(emphasis in original).

The father did not cancel the contract in writing before the occurrence of the cancellation dates stated in the contract. The parents later withdrew their children from the school just before the 2014-2015 school year began. The school was unable to fill the children’s spots. The school sent a statement of the remaining balance to the parents. The parents did not pay.

Therefore, according to the school, the father breached the contract and was indebted to the school for the remaining balance under the contract. In the alternative, the parents jointly were indebted for the remaining balance under an account stated theory.

2. The Parents’ Counterclaim and Motion for Temporary Injunction

The parents’ counterclaim sought a mandatory injunction requiring the school to immediately release their children’s transcripts to them or to any educational institutions which they designated. The counterclaim alleged as follows, in pertinent part:

Prior to the 2014-2015 school year, [the parents’] children attended [the school]. Prior to the commencement of the 2014-2015 school year, [the parents] determined that they would not re-enroll their children within the school for the coming year. Accordingly, [the parents] intentionally abstained from entering into a fully and finally binding contract with [the school]. Specifically, although [the father] executed an agreement for enrollment at the school for the 2014-2015 school year, he was aware that the contract would not be binding until it was executed by [the mother], as is set forth specifically within the agreement itself, and as had been the practice between the parties in preceding years.
Indeed, immediately on top of [the father’s] signature are the words “both parents must sign (unless the school, in its discretion, permits enrollment with one parent’s signature).”....
Prior to any execution by [the mother] of the contract, and prior to the school providing any agreement or notice that the contract would become effective or fully executed without [the mother’s signature], [the school] elected to not fully execute and complete the enrollment process and to not send their children to the ... school during the upcoming school year.
[1080]*1080Accordingly, [the school] was put on notice that [the parents] would not be fully executing the agreement, and would not be sending their children to the school for that year.
Notwithstanding that by the terms of the [school’s] own eontract[,] it is clear that the 2014-2015 contract was never executed, the [school] nevertheless persisted to send invoices for debt which was non-existent, in relation to an agreement which was never fully executed.

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Bluebook (online)
199 So. 3d 1076, 2016 Fla. App. LEXIS 13219, 2016 WL 4539622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/american-learning-systems-inc-v-gomes-fladistctapp-2016.