This invoice therefore represents an overcharge of at least $1,558.12, plus the interest accrued on the overcharge.ħ. The rental period, however, for this equipment was supposed to be 1 week. This invoice is in the amount of $3,116.25, for a 2 week rental period. The second disputed invoice is #5111-0006. This invoice therefore represents an overcharge of at least $2,465.00, plus the interest accrued on the overcharge.Ħ. This invoice is in the amount of $4,931.26, for a 2 week rental period. The first disputed invoice is #5008-0010. takes issue with 3 invoices presented in Plaintiff's Motion for Summary Judgment and supporting affidavit. 2 In that affidavit, Merali stated the following:ģ27 So.3d 430 5. ![]() The only evidence filed in opposition to the summary judgment motion was the affidavit of F.I.R.E. Copies of twenty-two invoices supporting that amount were also attached to the affidavit, and Idleman averred that they were "true and correct copies of the outstanding invoices." Idleman stated in the affidavit that Custom Design rented equipment pursuant to the credit application contract, "fail and/or refus to pay for the rental equipment" in full, and owed Synergy the unpaid amount of $81,875.43 plus prejudgment interest. The credit application also included language that indicated that the application was a contract and that in exchange for the extension of credit, the applicant agreed to make payment pursuant to the terms of the agreement. A copy of the application, including the personal guaranty with Singh's signature, was attached to the affidavit. In support of the motion, Synergy filed with the trial court the affidavit of its credit manager, Lynn Idleman, in which she averred that Custom Design had executed a written application for credit with Synergy for the purpose of renting service equipment on open account and that the application contained a personal guaranty on the debt signed by Singh. In its complaint below, Synergy alleged that it had a contract with Custom Design for the rental of construction equipment on open account, that Custom Design failed to pay all amounts due and owing on the contract, that Singh signed a personal guaranty to be personally liable for amounts due pursuant to the contract, and that $81,875.43 due on the contract remained unpaid.Ĭustom Design and Singh filed an answer to the complaint, and Synergy subsequently moved for summary judgment on only the counts brought against them. Custom Design contracted with Synergy to rent construction equipment for that job. Resources, Inc., to clear, grade, and prepare undeveloped lots for vertical development. 1 Because the affidavit in opposition to Synergy's summary judgment motion was insufficient to establish a genuine issue of material fact, we affirm.Ĭustom Design is a contractor that was hired by F.I.R.E. To my new work community, thank you for opening your arms and welcoming me to the team.Custom Design Expo, Inc., and its principal Yogmatie Singh challenge the trial court's final summary judgment entered against them and in favor of Synergy Rents, Inc., in Synergy's action for breach of contract and open account filed against them. Recent news affirms what everyone within the company knows- big things are happening! We have hundreds of open roles - check out our careers website for more information. I’m so excited by what we are doing at EquipmentShare and know this is just the beginning of our work building the future of #construction. We have seen that in the accolades - like being named four years in a row by Forbes as a best startup to work for - but when you work here, you feel it every day. And since I started, I have met men and women on the frontlines and in our headquarters who amaze me with their pride and fierce passion for what they do. I joined EquipmentShare several weeks ago as chief people officer because of how clear the company’s leaders were about putting #PeopleFirst - they explained it was the secret of this company’s success. Sharing some terrific news that everyone within EquipmentShare has always known … We are building a transformational company that is disrupting the construction industry.
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