Reference no: EM133418545

Case: In 2012, Mary purchased five (5) acres of land in Lakeland, Florida, including a house, upon which Florida Southern Railroad had an easement. Many years ago, it had built massive hills, or berms, upon which it laid tracks so that the State could build a bridge to cross a main road. Starting in 2013, Florida Southern RR rescinded the easement and began removing the tracks leaving the berms - mounds of dirt that extended the length of the property as high as the two-story house.

In January, 2020, Mary was approached by Joe Smith, owner of Joe Smith's Trucking, Inc., a Florida excavation company, about removing the dirt hills and berms. (He had a contract to supply fill for land with a local town). During a meeting at a diner in Winter Haven, Joe offered to remove the dirt and pay Mary a royalty of $5 per truckload and she agreed. In addition, he promised to landscape the property once the dirt was removed by leveling it, spreading topsoil and planting grass. They shook hands on the deal but did not sign a written contract.

In February, 2020, Joe's company commenced work and started hauling truckloads of the dirt off the property. However, Mary did not keep count as to the number of truckloads of dirt removed as Joe assured her he would do so. Joe's company finished removing the dirt by the end of January, 2021.

In August 2021, he completed the landscaping work.

In June 2022, Mary called Joe demanding payment for the dirt he had removed. Joe told her during this call that he had removed 800 truckloads and owed her $4000, but did not have the money as he had been audited by the IRS and had to pay them. Mary believed that at least 80,000 truckloads of dirt had been removed and he owed her $40,000 or more. Joe told her she was not getting a cent, now or ever, and hung up on her.

Question 1. Did Mary and Smith enter into a valid contract? Why or why not?

Question 2. What defenses may Smith assert if Mary files a legal action and how could Mary respond? Explain your answer.

Question 3. What evidence would you put forth in an attempt to prove Mary's case?

Question 4. What damages would Mary seek?

Question 5. In what Florida court (Polk County, Circuit Court, District Court of Appeals, or Supreme Court) should Mary's legal action regarding this dispute by filed? Explain your answer.