WILLIAM T. BASFORD v. JOSEPH WILBER
Annotate this Case
Download PDF
IN THE DISTRICT COURT OF APPEAL
FIRST DISTRICT, STATE OF FLORIDA
WILLIAM T. BASFORD,
Appellant,
v.
CASE NO. 1D04-1667
JOSEPH WILBER,
Appellee.
_____________________________/
Opinion filed May 18, 2005.
An appeal from the Circuit Court for Clay County.
Honorable McCarthy Crenshaw, Jr., Judge.
James T. Miller, Esquire, Jacksonville, for Appellant.
Pamela S. Leslie, General Counsel and Gregory G. Costas, Assistant General
Counsel, Department of Transportation, Tallahassee, for Appellee.
ON MOTION FOR REHEARING
PER CURIAM.
We withdraw our previous opinion in this cause issued March 21, 2005, and
substitute the following therefor.
The trial court’s final judgment, as it relates to Count II of appellant’s complaint
for quantum meruit, is not supported by competent substantial evidence. The
evidence is undisputed that, with the knowledge and consent of appellee, appellant
was retained to represent appellee’s sister when she owned the subject real property;
that appellant performed legal services in connection with the condemnation of such
property by the Department of Transportation; and that such services conferred a
benefit on appellee which he accepted when he survived his sister and thereby
obtained sole title to the property previously held jointly with her. See Hull & Co. v.
Thomas, 834 So. 2d 904, 906-907 (Fla. 4th DCA 2003). Accordingly, we REVERSE
and REMAND for the trial court to determine the amount that appellant is entitled to
under Count II. See Searcy, Denny, Scarola, Barnhart & Shipley, P.A. v. Polet, 652
So. 2d 366, 369 (Fla. 1995)("[A] quantum meruit award must take into account the
actual value of the services to the client."). We AFFIRM the final judgment as to
Count I without further comment.
VAN NORTWICK, POLSTON AND THOMAS, JJ., CONCUR.
2
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
