Musi v. Van Kirk & Sons, Inc.

District Court of Appeal of Florida

Musi v. Van Kirk & Sons, Inc.

528 So. 2d 413, 13 Fla. L. Weekly 1358, 1988 Fla. App. LEXIS 2355, 1988 WL 56499

CourtDistrict Court of Appeal of Florida

DecidedJune 8, 1988

DocketNo. 87-0777

StatusPublished

Cited by1 cases

This text of 528 So. 2d 413 (Musi v. Van Kirk & Sons, Inc.) 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.

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Musi v. Van Kirk & Sons, Inc., 528 So. 2d 413, 13 Fla. L. Weekly 1358, 1988 Fla. App. LEXIS 2355, 1988 WL 56499 (Fla. Ct. App. 1988).

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Opinion

HERSEY, Chief Judge.

We find that the record fails to support the existence of an agency relationship between Ralph Musi and his son, Pat Musi, and fails to support a ratification by Ralph Musi of the contract between Pat Musi and appellee. Accordingly, we reverse the final judgment insofar as it finds in favor of appellee on its action for foreclosure of a mechanic’s lien and on its action for breach of contract as to Ralph Musi. Since reversal on these counts renders appellee’s action for an equitable lien no longer moot, the trial court may now consider that cause of action.

We affirm the trial court’s denial of Ralph Musi’s counterclaim for slander of title and its finding in favor of appellee on its action for breach of contract as to Pat Musi.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

DELL and WALDEN, JJ., concur.

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HERSEY, Chief Judge.

We find that the record fails to support the existence of an agency relationship between Ralph Musi and his son, Pat Musi, and fails to support a ratification by Ralph Musi of the contract between Pat Musi and appellee. Accordingly, we reverse the final judgment insofar as it finds in favor of appellee on its action for foreclosure of a mechanic’s lien and on its action for breach of contract as to Ralph Musi. Since reversal on these counts renders appellee’s action for an equitable lien no longer moot, the trial court may now consider that cause of action.

We affirm the trial court’s denial of Ralph Musi’s counterclaim for slander of title and its finding in favor of appellee on its action for breach of contract as to Pat Musi.

AFFIRMED IN PART; REVERSED IN PART; REMANDED.

DELL and WALDEN, JJ., concur.

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528 So. 2d 413, 13 Fla. L. Weekly 1358, 1988 Fla. App. LEXIS 2355, 1988 WL 56499, Counsel Stack Legal Research, https://law.counselstack.com/opinion/musi-v-van-kirk-sons-inc-fladistctapp-1988.

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