Written Contract - "no meeting of the minds"?

[zigzag930]

In Florida:
A written contract was entered for services. The work was performed and a written Job ticket was signed, indicating work was performed.

Client refused to pay balance. 1st says he can't afford, because son would not loan him the money. Later decides the fees for services were too high and does not pay.

Action brought in Small Claims court. Judgre rules, "no meeting of the minds" "therefore the contract is null and void"?

How can there not be a meeting of the minds when a written signed contract exists?

The person signing the contract has no mental issues and demonstrated to the court his complete ability to think and act in his own defense.

What possbile grounds could a judge use to make such a determination?

I wish to appeal this and need legal opinion from those that can assist.

 

[tranquility]

You give us no facts about what happens and you want us to suppose?

OK.

MAYBE he thought that painting the house meant painting the whole house and not just a door, like you thought.

MAYBE he thought you were going to be putting the stuff on the Prentiss (which was sailing today) where you thought you would put it on the Prentess which is sailing next year.

MAYBE someone (you) LIED to the other person and the judge didn't want to say FRAUD and turn it over to the police and just said there was not a meeting of the minds instead.

Shall I MAYBE some more?

 

[Antigone*]

You give us no facts about what happens and you want us to suppose?

OK.

MAYBE he thought that painting the house meant painting the whole house and not just a door, like you thought.

MAYBE he thought you were going to be putting the stuff on the Prentiss (which was sailing today) where you thought you would put it on the Prentess which is sailing next year.

MAYBE someone (you) LIED to the other person and the judge didn't want to say FRAUD and turn it over to the police and just said there was not a meeting of the minds instead.

Shall I MAYBE some more?

Maybe you should. Maybe he didn't meet your mind either.

 

[zigzag930]

The work was for repair of two a/c systems. The work was contracted, and two days later the work was performed.

Some time after the work was complete the homeowner came to feel he was overchaged and refused to pay. This was (after he admitted) in writing that his son would not loan him the money to pay.

To me, this man boardered on fraud, entering a contract for services, not having the money to pay.

In any case, his depost of $300 was retained, however $1700 has become uncollectable.

The homeowner is an older man, in his 80's. He is sharp as a tack and handled his case pro-se in a very educated, well constructed manner.

I think the judge err'd in dismissing our case and felt sorry for the man - just because he's an older person.

This could be a major issue for all persons doing business with the elderly, particularly in Florida

 

[Zigner]

Do you have a full record of your trial to use for the appeal? That would usually mean that you paid for the services of a court reporter.

 

[zigzag930]

I do not have a transcript, but the court hearing was recorded electronically.

 

[zigzag930]

I have just called the judges assistant to ask for any notes relevant to the decision. She said the judges notes indicate that he felt the "Defendant did not have an understanding of the contract". Interestingly, the defendant - never said that. He only claimed he paid too much for the services.

 

[Free_Advice]

If either party is unhappy with the court's decision, they can file a written "motion for a new hearing" with the court. This must be done within ten (10) days after the judgment is rendered. The court will rule on the motion by deciding whether or not there are grounds for a new hearing.

This is the chance you take when you go into small claims instead of a circuit court case.

So, if it has been less than 10 days after the ruling, motion for a new hearing.

You charged $2000 ... what services was this to include on an AC system?

 

[zigzag930]

"Motion for new hearing" That is exactly what I was looking for. I couldn't find it and the clerk said I must appeal.

I will put that motion together and send it today.

 

[Free_Advice]

"Motion for new hearing" That is exactly what I was looking for. I couldn't find it and the clerk said I must appeal.

I will put that motion together and send it today.

If you have any NEW facts, you can present them -- if facts were known but not brought up at trial, these facts will not be considered by the SAME JUDGE that originally heard the case. So if the defendant stated false facts, you may be able to bring this up ~

Its still small claims - a wild wild west show really.

You have not answered what work was performed ~ for 2K I would expect a new compressor was installed.

You CAN bring up case law in your arguments showing that the judge mis-understood the law .. if thats your argument, cite some or your motion will not be granted. Google scholar may be helpful in the pleading prep.

 

[Zigner]

If either party is unhappy with the court's decision, they can file a written "motion for a new hearing" with the court. This must be done within ten (10) days after the judgment is rendered. The court will rule on the motion by deciding whether or not there are grounds for a new hearing.

...and the OP will need to have some proof of what he contends are "grounds" for the new hearing.

 

[Free_Advice]

...and the OP will need to have some proof of what he contends are "grounds" for the new hearing.

Yes, I think his viewpoint is that the law does not support the verdict ~ that the law was not applied or misapplied. Hence, my suggestion to cite some case law.

Its not difficult to get motions reconsidered; much harder to get verdicts squashed and a new trial motion granted. But its small claims ~ there may be a unwritten policy of just granting these too. I am not familiar with the ongoings of this particular court or judge.

If it was not small claims, I would say his chances are about 5% .. but in small claims, who knows.

 

[zigzag930]

To answer what work was done:

Two HVAC systems. Both Air Handlers (inside units) full of microbial growth. Coils 90% impacted. Units not cooling. Work involved pumping refrigerant out of both, cutting out the coils, removing the blowers, removing all water soaked insulation. Compelete cleaning of all parts, re-insulating, reinstalling coils, recharging both systems, testing for leaks, etc.

****************************.....

This SC court was absolutely "wild west" anything goes. Judge allowed testimony from a neighbor that wasn't even present, psuedo "expert" testimony from same, because he took a class once, etc.

Clerk indicated that judges reasoning for "no meeting of the mind" was because client did not understand the contract. Def never said that once. Def claim was he was overcharged and taken advantage of because of his age.

 

[zigzag930]

free_advice:
You are correct that I feel the law does NOT support the verdict. The facts were ingnored, etc in favor of a judgement the has not been expained.

 

[zigzag930]

10 day?

I've asked the clerk if 10 days are calandar or buisness. They do not know. I can't believe this. Also, not even sure if they can accept a fax or must be original.

Judment entered Oct 7th. Received in mail today Oct 17th. 10 days up today?