Thursday, July 9, 2009

Recovery Not Permitted When Party Already Reimbursed

In Delant Construction Co. v. Doral Enterprises Joint Venture (3D07-1782), the Third DCA held: "the law does not permit a windfall by virtue of receiving “a recovery . . .for damages which . . . had subsequently been reimbursed.” Sharff, Wittmer & Kurtz, P.A. v. Messana, 581 So. 2d 906, 907 (Fla. 3d DCA 1991), review denied, 592 So. 2d 681 (Fla. 1991). In other words, the prevention of unjust enrichment requires reversal of the judgment and entry of one for the appellant Delant instead. See Sharff, Wittmer & Kurtz, 581 So. 2d at 907, and cases cited.


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