m_55_12596211 imepdt Iitp//151.132,206.222/p dire XN ) of3 IN THE COUNTY COURT IN AND ror dill UU PALM BEACH COUNTY, FLORIDA 97/31 2900 14:57:18 20020396314 OR BK 13980 PE 1395 a CIVIL DIVISION Palm Beach County, Florida . | . CASE NO. $8-02-6578-RD o e ROBYN a sp Blaintft, we OS both parties present. ‘yeah FN findings of fact and conckéi This action wo rough by the Plaintif, an interior decorator, to recover the balance due on draperies and arg ordered on behalf of the Defendant. The Defendant Claims are in the nature of an action f0¢ bidach of contract, Pursuant to an agreement Depuset {he parties, the Plaintiff ordered drapery for the Defendant. The order dated Decembeh2, 260: ‘In which half was paid up front by the ‘ic Defendant, specified that the drapery work woll{d.be.completed by December 23, 2001. ( (On or about December 10th, the Plaintiff called the-Tefendant to inform her that her to ‘mother-in-law had passed away and because she nséded 4 to go out of state, would be 2) unable to complete the job on time and it would probate late January or early J) February to complete. The Defendant did not cancel the brea, an instead, accepted sac?) the delivery of the drapery in late February, 2002, The Detenidéan Goes not allege anym_55_12596211_ img pat i151. 132.206.222/pdiw_$5_12596211 ing pat 100K 13980 PAGE 1396 defect in the product, rather, feels she is entitled to a concession because of how late the Job took, as well as her inconvenience, ‘The work order at issue provides that “all work must be completed by 12/23/01", thus itis clear that the Parties made the contract as time is of the essence, the Defendant agreed to at least some delay. A written contract may be oral agreement if the latter has been Secepted an acted upon by the parties ° hal ‘ould work a fraud on either party to refuse to enforce it, W.W. ety Contracting, Ie! v. Harrison, 779 So.2d 628 (Fla. 2nd DCA 2000), White v. Ocean Bay Performance. While itis true that a pari tay Seek damages for delay, the mere fact of a delay is insufficient and damages must Wert’ Actual or compensatory damages are ‘hose amounts necessary to compensate adk@ick {Yan injured party for losses sustained y : 8 a result ofthe other party's wrongful or negligert'ations, Bidon v. Dept. of Prof. Reg,, NaS By li e ‘om'n, 596 So.2d 450 (Fla, 1992)! ‘Here; while the defendant claims damages of $500.00 for two days, she offered no Proof a how that figure was arrived at or how the delay in performance cost the Defendant $1, counterclaim must fail. Based on the foregoing, it issv_$5_12596211_img pdt Ingp://151.132.206.222/pdtiay_s5_12596; "3 BOOK 13980 PAGE 1397 Dorothy H. Wilken, Clerk ORDERED AND ADJUDGED that Piaintitf, ROBYN MONAHAN, shall recover from Defendant, CHRISTINA MORRISON, the sum of $653.29", Pre-judgment interest of ‘$23.84, and $105.00 in court costs, for a total of ‘$782.13, which shall bear 9% interest, for all of nile execution issue. tis further Ye 7 opoenen AND ADJUDGED that the Defendant shall complete Florida Small Claims ResFom 7-343 (Fact Information Sheet, Exhibit A) and return it to the Plaintifts attorney, oko the Plaintif if the Plaintiff is not represented by an attorney, within 45 days from the dats of thi this Bay of July, 2002, copies furnished: Robyn Monahan, 403 Coral Trace Ln., Deltay Beach, FL. 33445 Christina Morrison, 2954 Florida Bivd., Delray Beach; FL. 33483, ae Re Pln received part payment marked “nfl inthe amount of 1-5, she may cash and apply ‘owards the judgment or return the check tothe Defendeae 211_img pat