Fla. Std. Jury Instr. (Contract & Bus.) 416.38

(Claimant) claims that (defendant) owes [him] [her] [it] money on an open account. An open account is an unsettled debt arising from [items of work and labor] [goods sold and delivered] where the parties have had [a transaction] [transactions] between them and expected to conduct further transactions. To establish this claim, (claimant) must prove all of the following:

1. (Claimant) and (defendant) had [a transaction] [transactions] between them;

2. An account existed between (claimant) and (defendant) in which the parties had a series of charges, payments, adjustments;

3. (Claimant) prepared an itemized statement of the account; and

4. (Defendant) owes money on the account.

If the greater weight of the evidence does not support (claimant’s) claim on these issues, then your verdict should be for (defendant). However, if the greater weight of the evidence supports (claimant’s) claim on these issues, [then your verdict should be for (claimant) in the total amount of [his] [her] [its] damages] [then you shall consider the [defense] [defenses] raised by (defendant)].

SOURCES AND AUTHORITIES FOR 416.38

1. “[A]n open account is an unsettled debt arising from items of work and labor, with the expectation of further transactions subject to future settlements and adjustment. In order to state a valid claim on an open account, the claimant must attach an itemized copy of the account.” Farley v. Chase Bank, U.S.A., N.A., 37 So.3d 936, 937 (Fla. 4th DCA 2010) (citations and quotations omitted).

2. “An account opened is an unsettled debt arising from items of work and labor, with the expectation of further transactions subject to future settlements and adjustment.” S. Motor Co. of Dade Cnty. v. Accountable Const. Co., 707 So.2d 909, 912 (Fla. 3d DCA 1998).

3. “An action to recover on an open account is essentially an action to collect on a debt created by a series of credit transactions. One party to the account agrees to sell goods or services on credit and the other assumes the obligation to make payment. These duties do not change merely because the parties have decided to engage in a course of trade on a cash basis.” Hawkins v. Barnes, 661 So.2d 1271, 1273 (Fla. 5th DCA 1995) (citations omitted).

4. “An open account is one which is based upon a connected series of transactions, and which has no break or interruption …. [A]n open account has been defined as an unsettled debt arising from items of work and labor, goods sold and delivered with the expectation of further transactions subject to further settlement. Money advanced may form the basis of an open account.” Central Ins. Underwriters, Inc. v. National Ins. Fin. Co., 599 So.2d 1371, 1373 (Fla. 3d DCA 1992) (citations and quotations omitted).

5. “An ‘open account’ is ... defined as an unsettled debt arising from items of work and labor, goods sold and delivered, with the expectation of further transactions subject to future settlement and adjustment.” Robert W. Gottfried, Inc. v. Cole, 454 So.2d 695, 696 (Fla. 4th DCA 1984).

6. Fla. R. Civ. P. 1.932 (Form) (“A copy of the account showing items, time of accrual of each, and amount of each must be attached” to the Complaint).

7. But see Evans v. Delro Industries, Inc., 509 So.2d 1262, 1263 (Fla. 1st DCA 1987) (purportedly an action for “open account,” but requiring proof of sales contract, proof of sales price or reasonable value of goods delivered, and proof of actual delivery) (citing Chase & Co. v. Miller, 88 So. 312 (Fla. 1921) (an action involving common counts for goods bargained and sold and goods sold and delivered), and Alderman Interior Systems, Inc. v. First National-Heller Factors, Inc., 376 So.2d 22 (Fla. 2d DCA 1979) (same)).