Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC

Plain English (For Everyone)

Imagine you hired someone to do a job, and they did it, but you didn't pay them. You might think they could sue you for the money. This case is about a situation where a court initially said the person couldn't sue, but an appeals court stepped in and said, 'Wait, the lawsuit can proceed.' It means that if you believe someone owes you money for services, you might get your day in court to prove it.

For Legal Practitioners

The appellate court reversed a dismissal for failure to state a cause of action, finding the plaintiff's complaint adequately pleaded breach of contract and unjust enrichment. Crucially, the court determined the complaint sufficiently alleged the existence of an agreement and the defendant's non-performance, overcoming the heightened pleading standard sometimes applied in contract disputes. This decision reinforces that complaints need only allege facts supporting a plausible claim, not definitive proof, at the dismissal stage, impacting strategy for defendants seeking early dismissal.

For Law Students

This case tests the pleading standard for breach of contract and unjust enrichment claims at the motion to dismiss stage. The appellate court found the complaint sufficiently alleged facts to establish a plausible claim, reversing the trial court's dismissal. This illustrates the principle that a plaintiff need only present a facially plausible case to survive a motion to dismiss, rather than needing to prove their case at that early juncture. It highlights the distinction between pleading facts and proving facts.

Newsroom Summary

An appeals court has revived a lawsuit where a plaintiff claims they weren't paid for services rendered. The court ruled the initial dismissal was too hasty, allowing the case to proceed and potentially impacting how businesses pursue payment disputes.

Constitutional Issues

Due process rights related to timely notice of claims and defenses

Rule Statements

"A cause of action accrues when the breach of duty occurs or when the damage resulting from the breach is first discovered or reasonably should have been discovered."

"The purpose of a statute of limitations is to prevent stale claims and afford security against}]$.old and forgotten matters."

Remedies

Affirmance of summary judgmentDismissal of claims

Scenario: You provided cleaning services to a client, and they haven't paid you the agreed-upon amount. You filed a lawsuit, but the judge dismissed it, saying your initial complaint wasn't strong enough.

Your Rights: You have the right to have your case reviewed by an appeals court if you believe the trial court made a mistake in dismissing your lawsuit. If the appeals court agrees your complaint was valid, your case will be sent back to the trial court to continue.

What To Do: If your case for unpaid services was dismissed, consult with an attorney immediately to discuss the possibility of an appeal. Provide your attorney with all documentation related to the services provided and any agreements made.

Is it legal to sue someone for not paying for services I provided?

Yes, it is generally legal to sue someone for not paying for services you provided, provided you can demonstrate that an agreement existed and that you fulfilled your end of the bargain. This ruling confirms that a lawsuit can proceed if the initial complaint plausibly alleges these facts.

This ruling applies in Florida, as it comes from a Florida appellate court. However, the general principles of pleading a breach of contract claim are similar in most U.S. jurisdictions.

For Small Business Owners

This ruling is beneficial for small business owners who provide services and face non-payment. It clarifies that a well-pleaded complaint alleging breach of contract or unjust enrichment can survive an early dismissal, giving them a better chance to pursue payment through the courts.

For Attorneys

For attorneys representing plaintiffs in contract disputes, this case reinforces the importance of carefully drafting complaints to meet the minimum pleading requirements for breach of contract and unjust enrichment. For defense attorneys, it highlights that motions to dismiss based on failure to state a claim require a more rigorous demonstration that the complaint is facially deficient.

Q: What is Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC about?

Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC is a case decided by Florida District Court of Appeal on March 11, 2026.

Q: What court decided Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC?

Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC was decided by the Florida District Court of Appeal, which is part of the FL state court system. This is a state appellate court.

Q: When was Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC decided?

Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC was decided on March 11, 2026.

Q: What is the citation for Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC?

The citation for Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC is . Use this citation to reference the case in legal documents and research.

Q: What is the case name and what court decided it?

The case is Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC, and it was decided by the Florida District Court of Appeal.

Q: Who were the parties involved in the lawsuit?

The parties were Michael J. Cardone, the plaintiff who brought the lawsuit, and Patricia Starling, doing business as Starling Cleaning Services Tile Designs & More, LLC, the defendant.

Q: What was the main issue the appellate court reviewed?

The appellate court reviewed the trial court's decision to dismiss the plaintiff's complaint for failure to state a cause of action, meaning the trial court believed the plaintiff's allegations, even if true, did not legally support a claim.

Q: What types of claims did the plaintiff make against the defendant?

The plaintiff, Michael J. Cardone, alleged two primary claims: breach of contract and unjust enrichment against Patricia Starling and her business.

Q: What was the core of the plaintiff's allegations?

The plaintiff alleged that the defendant, Patricia Starling, failed to pay for services that Michael J. Cardone had rendered, implying a contractual obligation was breached and that the defendant was unjustly enriched by receiving the services without payment.

Q: Is Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC published?

Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC is a published, precedential opinion. Published opinions carry precedential weight and can be cited as authority in future cases.

Q: What topics does Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC cover?

Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC covers the following legal topics: Breach of Contract, Fraudulent Misrepresentation, Summary Judgment Standard, Sufficiency of Evidence, Elements of Fraud.

Q: What was the ruling in Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC?

The court ruled in favor of the plaintiff in Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC. Key holdings: The appellate court held that the plaintiff's complaint adequately stated a cause of action for breach of contract by alleging the existence of an agreement, the plaintiff's performance, the defendant's breach, and resulting damages.; The court found that the allegations in the complaint were sufficient to support a claim for unjust enrichment, as they suggested the defendant received a benefit from the plaintiff's services without paying for them.; The appellate court determined that the trial court erred in dismissing the complaint for failure to state a cause of action, as the complaint contained sufficient factual allegations to withstand a motion to dismiss.; The court reasoned that a complaint should not be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim that would entitle them to relief.; The appellate court reversed the trial court's order of dismissal and remanded the case to allow the plaintiff an opportunity to proceed with their claims..

Q: Why is Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC important?

Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC has an impact score of 20/100, indicating limited broader impact. This decision reinforces the principle that trial courts should be hesitant to dismiss complaints at the pleading stage, especially when the allegations, if true, could support a valid cause of action. It reminds litigants and lower courts of the notice pleading standard and the importance of allowing cases to proceed to discovery and potentially trial if basic factual allegations are present.

Q: What precedent does Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC set?

Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC established the following key holdings: (1) The appellate court held that the plaintiff's complaint adequately stated a cause of action for breach of contract by alleging the existence of an agreement, the plaintiff's performance, the defendant's breach, and resulting damages. (2) The court found that the allegations in the complaint were sufficient to support a claim for unjust enrichment, as they suggested the defendant received a benefit from the plaintiff's services without paying for them. (3) The appellate court determined that the trial court erred in dismissing the complaint for failure to state a cause of action, as the complaint contained sufficient factual allegations to withstand a motion to dismiss. (4) The court reasoned that a complaint should not be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim that would entitle them to relief. (5) The appellate court reversed the trial court's order of dismissal and remanded the case to allow the plaintiff an opportunity to proceed with their claims.

Q: What are the key holdings in Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC?

1. The appellate court held that the plaintiff's complaint adequately stated a cause of action for breach of contract by alleging the existence of an agreement, the plaintiff's performance, the defendant's breach, and resulting damages. 2. The court found that the allegations in the complaint were sufficient to support a claim for unjust enrichment, as they suggested the defendant received a benefit from the plaintiff's services without paying for them. 3. The appellate court determined that the trial court erred in dismissing the complaint for failure to state a cause of action, as the complaint contained sufficient factual allegations to withstand a motion to dismiss. 4. The court reasoned that a complaint should not be dismissed unless it appears beyond doubt that the plaintiff can prove no set of facts in support of the claim that would entitle them to relief. 5. The appellate court reversed the trial court's order of dismissal and remanded the case to allow the plaintiff an opportunity to proceed with their claims.

Q: What cases are related to Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC?

Precedent cases cited or related to Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC: Palma v. Alexander, 921 So. 2d 705 (Fla. 2005); Fischer v. Metro. Dade Cty., 454 So. 2d 1126 (Fla. 3d DCA 1984).

Q: What is the legal standard for reviewing a dismissal for failure to state a cause of action?

When reviewing a dismissal for failure to state a cause of action, the appellate court must determine if the complaint alleges facts that, if true, would entitle the plaintiff to relief, viewing the allegations in the light most favorable to the plaintiff.

Q: Did the appellate court find the plaintiff's allegations of breach of contract sufficient?

Yes, the appellate court found that the complaint sufficiently alleged facts to support a breach of contract claim, particularly concerning the existence of an agreement between the parties and the defendant's subsequent failure to perform her obligations, specifically payment.

Q: Did the appellate court find the plaintiff's allegations of unjust enrichment sufficient?

Yes, the appellate court determined that the complaint also sufficiently alleged facts to support an unjust enrichment claim, indicating that the defendant received a benefit from the plaintiff's services and retained that benefit without paying for it.

Q: What does it mean for a complaint to 'fail to state a cause of action'?

A complaint fails to state a cause of action if, even if all the factual allegations within it are accepted as true, they do not legally amount to a recognized claim for which a court can grant a remedy.

Q: What is the significance of the appellate court reversing the dismissal?

Reversing the dismissal means the appellate court disagreed with the trial court's assessment and has sent the case back to the trial court, allowing the plaintiff to proceed with presenting evidence for their claims.

Q: What are the key elements of a breach of contract claim that must be alleged?

To sufficiently allege breach of contract, a plaintiff generally must plead the existence of a valid contract, the plaintiff's performance or excuse for non-performance, the defendant's breach of the contract, and resulting damages.

Q: What are the key elements of an unjust enrichment claim that must be alleged?

An unjust enrichment claim typically requires alleging that the defendant received a benefit at the plaintiff's expense, and that the circumstances are such that the defendant should in equity and good conscience be forced to make restitution.

Q: Does this ruling set a new legal precedent?

While this ruling applies the existing legal standards for pleading, it reinforces the precedent that appellate courts will reverse dismissals when a complaint contains sufficient factual allegations to support the claims made, especially concerning common law contract principles.

Q: How does this case relate to the general principles of contract law?

This case relates to the fundamental principles of contract law by emphasizing that parties who allegedly enter into agreements for services must fulfill their end of the bargain, and if they do not pay as agreed, they may face legal action that can proceed to trial.

Q: How does Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC affect me?

This decision reinforces the principle that trial courts should be hesitant to dismiss complaints at the pleading stage, especially when the allegations, if true, could support a valid cause of action. It reminds litigants and lower courts of the notice pleading standard and the importance of allowing cases to proceed to discovery and potentially trial if basic factual allegations are present. As a decision from a state appellate court, its reach is limited to the state jurisdiction. This case is accessible to a general audience to understand.

Q: What is the practical impact of this appellate court ruling?

The practical impact is that the plaintiff, Michael J. Cardone, now has the opportunity to pursue his claims for payment in the trial court, rather than having his case thrown out at the initial stage.

Q: Who is most affected by this ruling?

The parties directly involved, Michael J. Cardone and Patricia Starling, are most affected, as the case will now proceed to trial. It also impacts legal professionals by reinforcing the pleading standards for breach of contract and unjust enrichment claims.

Q: What does this case suggest about the importance of specific allegations in a complaint?

This case highlights the critical importance of including specific factual allegations in a complaint that clearly outline the elements of each legal claim, as vague or conclusory statements may lead to dismissal.

Q: Could this ruling affect how businesses handle service agreements?

Yes, businesses should ensure their service agreements are clear and that they maintain records of services rendered and payments made or expected, as this case shows courts will allow claims to proceed if basic contractual elements are sufficiently alleged.

Q: What are the potential outcomes for the plaintiff if they win at trial?

If the plaintiff, Michael J. Cardone, successfully proves his claims at trial, he could be awarded monetary damages to compensate him for the services rendered for which he was not paid.

Q: What is the role of the Florida District Court of Appeal in the judicial system?

The Florida District Court of Appeal is an intermediate appellate court responsible for reviewing decisions made by trial courts within its geographic district, ensuring that legal errors are corrected and that justice is administered fairly.

Q: How does this case compare to other cases involving dismissals for failure to state a cause of action?

This case is similar to many others where appellate courts scrutinize trial court dismissals, often reversing them if the plaintiff has met the minimum pleading requirements to allow the case to move forward and develop the factual record.

Q: What was the docket number in Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC?

The docket number for Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC is 4D2025-1380. This identifier is used to track the case through the court system.

Q: Can Michael J. Cardone v. Patricia Starling, Starling Cleaning Services Tile Designs & More, LLC be appealed?

Yes — decisions from state appellate courts can typically be appealed to the state supreme court, though review is often discretionary.

Q: What was the trial court's ruling that led to this appeal?

The trial court dismissed the plaintiff's complaint, ruling that the allegations made by the plaintiff were insufficient to establish a valid legal claim for breach of contract or unjust enrichment.

Q: What did the appellate court decide regarding the trial court's dismissal?

The appellate court reversed the trial court's order of dismissal, finding that the plaintiff's complaint did sufficiently allege facts to support both the breach of contract and unjust enrichment claims.

Q: What is the next step for the case after the appellate court's decision?

The appellate court remanded the case back to the trial court for further proceedings, meaning the lawsuit will continue at the trial level where evidence can be presented and a final judgment can be reached.

Q: What does 'remand' mean in the context of this case?

Remand means the appellate court sent the case back to the original trial court with instructions to take further action, in this instance, to allow the plaintiff's claims of breach of contract and unjust enrichment to proceed.