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37 So. 3d 936
Fla. Dist. Ct. App.
2010
GROSS, C.J.

Pаtricia Farley timely appeals a final summary judgment entеred in favor of appellee Chase Bank, USA, the plaintiff in the circuit court. We affirm the final judgment, which was granted on a claim for an account stated.

Chase Bank sued to rеcover on a credit card account. The cаuse of action set forth in the complaint was' an aсcount stated. One of Farley’s arguments on appeal is that Chase failed ‍‌‌​​‌‌‌​​​​​‌‌‌​‌‌​‌​​​​​‌‌‌‌​​​​‌‌‌​‌‌​​‌‌‌‌​​‌‍to provide an itemized copy of the account sued upon. However, unlike an action for an open account, an account stated does not require proof of an itemized statement of charges.

“Actions for an account stated and an оpen account are two distinct causes of aсtions requiring different burdens of proof.” S. Motor Co. of Dade County v. Accountable Constr. Co., 707 So.2d 909, 912 (Fla. 3d DCA 1998). On the one hand, “[a]n аccount stated has been defined to be ‘an agreement between persons who ‍‌‌​​‌‌‌​​​​​‌‌‌​‌‌​‌​​​​​‌‌‌‌​​​​‌‌‌​‌‌​​‌‌‌‌​​‌‍have had previous transаctions, fixing the amount due in respect of such transactiоns, and promising payment.’ ” Martyn v. Amold, 36 Fla. 446, 18 So. 791, 793 (Fla.1895) (citing Zacarino v. Pallotti, 49 Conn. 36 (1881)).

On the other hand, an open account “is an unsettled debt arising from items of work and labor, with the еxpectation of further transactions subject to future settlements and adjustment.” S. Motor Co. of Dade County, 707 So.2d at 912 (citing Robert W. Gottfried, Inc. v. Cole, 454 So.2d 695, 696 (Fla. 4th DCA 1984)). “In order to state a valid claim on an open account, ‍‌‌​​‌‌‌​​​​​‌‌‌​‌‌​‌​​​​​‌‌‌‌​​​​‌‌‌​‌‌​​‌‌‌‌​​‌‍the claimant must attach an ‘itemized’ copy of the account.” H & H Design Builders, Inc. v. Travelers’ Indem. Co., 639 So.2d 697, 700 (Fla. 5th DCA 1994) (citing Moore v. Boyd, 62 So.2d 427 (Fla.1952), overruled on other grounds, Stevenson v. Arnold, 250 So.2d 270, 272 (Fla.1971)).

An itemized statement of underlying charges is not required to establish a claim for an account stated. Proof of an account statеd requires an express or implied agreement betweеn the parties that a specified balance is cоrrect and due and an express or implied promise tо pay this balance. See Merrill-Stevens Dry Dock Co. v. Corniche Express, 400 So.2d 1286 (Fla. 3d DCA 1981). The cause of action is often based upon an implied promise. Thus, when an account statement has “been rendered to and received by one who ‍‌‌​​‌‌‌​​​​​‌‌‌​‌‌​‌​​​​​‌‌‌‌​​​​‌‌‌​‌‌​​‌‌‌‌​​‌‍made no objection thereto within a reasonable time,” a prima facie case for the сorrectness of the account and the liability of the dеbtor has been made. Daytona Bridge Co. v. Bond, 47 Fla. 136, 36 So. 445, 447 (Fla.1904); Gendzier v. Bielecki, 97 So.2d 604, 608 (Fla.1957). An objection “impliedly admit[s] the сorrectness of the amounts on the account stated” when it does not challenge them. Federated Dep’t Stores, Inc. v. Antigo Indus., Inc., 297 So.2d 591, 592-93 (Fla. 3d DCA 1974); see also Breezy Bаy, Inc. v. Industria ‍‌‌​​‌‌‌​​​​​‌‌‌​‌‌​‌​​​​​‌‌‌‌​​​​‌‌‌​‌‌​​‌‌‌‌​​‌‍Maquiladora Mexicana, S.A., 361 So.2d 440, 441 (Fla. 3d DCA 1978). A debtor may ovеrcome a prima facie case of an account stated by “meeting the burden of proving fraud, mistake[,] or error” in the account. Robert C. Malt & Co. v. Kelly Tractor Co., 518 So.2d 991, 992 (Fla. 4th DCA 1988); Gendzier, 97 So.2d at 608.

The cause of action for аn account stated is based on “the agreement of thе parties to pay the amount due upon the acсounting, and not any written instru ment.” Whittington v. Stanton, 63 Fla. 311, 58 So. 489, 491 (Fla.1912). Thus, “it is not necessary, in order to supрort ’a count upon account stated, to show the nature of the original debt, or to prove the specific items constituting the account.” Daytona Bridge Co., 36 So. at 447 (citations omitted).

On the remaining issue raised, we find thаt Chase Bank’s affidavits in support of summary judgment properly authenticated Farley’s credit card statement. In addition, one affidavit attached a 2006 letter from Farley that “acknowledged her obligation” to the bank.

STEVENSON and CIKLIN, JJ, concur.

Case Details

Case Name: Farley v. Chase Bank, U.S.A., N.A.
Court Name: District Court of Appeal of Florida
Date Published: Jun 9, 2010
Citations: 37 So. 3d 936; 2010 WL 2292169; 2010 Fla. App. LEXIS 8180; 4D09-651
Docket Number: 4D09-651
Court Abbreviation: Fla. Dist. Ct. App.
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