274 So. 3d 1102
Fla. Dist. Ct. App.2019Background
- CCCC (Children’s Cancer Caring Center) made three designated donations totaling $300,000 to Cleveland Clinic in 1996–1997 for (a) building a pediatric oncology inpatient/outpatient center in a new Weston facility and (b) establishing an endowed chair in pediatric oncology.
- No written contract governed the donations; CCCC alleged the donations were made to advance a planned affiliation between the parties.
- In May 1997 Cleveland Clinic entered a settlement agreement restricting inpatient pediatric services at the new Weston facility for eight years; CCCC learned of the settlement in mid-1997.
- Cleveland Clinic spent CCCC’s donations by December 2000 to create a pediatric oncology wing at its Fort Lauderdale hospital and to pay staff; CCCC referred patients there and became aware by 2000 that the funds had been used differently than designated.
- The Weston facility opened in 2001; the eight-year restriction expired in 2009, but Cleveland Clinic lacked funds to build a dedicated center and terminated the affiliation on April 1, 2009.
- CCCC first demanded return of funds in 2010 and sued for unjust enrichment in March 2013; after a bench trial the circuit court awarded judgment to CCCC, and Cleveland Clinic appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| When did the statute of limitations for unjust enrichment begin to run? | Accrual did not occur until Cleveland Clinic terminated the affiliation on April 1, 2009; until then there was hope the designated purpose could be accomplished. | Accrual occurred when Cleveland Clinic accepted/retained the benefit by misusing the donations (by 1996–2000); limitations therefore ran earlier. | Accrual occurred when the benefit was accepted/retained (at latest by 2000); the 4‑year statute expired long before the 2013 suit. |
Key Cases Cited
- Henry M. Butler, Inc. v. Trizec Props., Inc., 524 So. 2d 710 (Fla. 2d DCA 1988) (definition and purpose of unjust enrichment)
- Willson v. Big Lake Partners, LLC, 211 So. 3d 360 (Fla. 4th DCA 2017) (elements of unjust enrichment)
- Della Ratta v. Della Ratta, 927 So. 2d 1055 (Fla. 4th DCA 2006) (unjust enrichment element citations)
- Beltran v. Vincent P. Miraglia, M.D., P.A., 125 So. 3d 855 (Fla. 4th DCA 2013) (limitations for unjust enrichment accrual upon uncompensated benefit)
- Fox v. Madsen, 12 So. 3d 1261 (Fla. 4th DCA 2009) (standard of de novo review for statute of limitations determinations on appeal)
- Hamilton v. Tanner, 962 So. 2d 997 (Fla. 2d DCA 2007) (de novo review framework reference)