UNITED COMPANIES FINANCIAL CORPORATION, APPELLANT,
v.
RONALD WAYNE WHITSETT AND JUDY WHITSETT, APPELLEES

Fla. 1st DCA | 1984-03-13
No. AT-377
THOMPSON, WIGGINTON and ZEH-MER, JJ., concur.
448 So. 2d 15 Florida District Court of Appeal, First District (1984) Positive Treatment
Cited by 2 cases


Opinion of the Court
PER CURIAM.

[*16] PER CURIAM.

Our review of the record in this case clearly shows that the jury’s verdict incorporated in the final judgment is fully supported by the evidence.

We find no merit to appellant’s challenges that there was error in the trial court’s failing to apply the parol evidence rule and that there was a lack of consideration to support a separate oral agreement.

However, as to appellant’s final point, we note that at the charge conference appel-lees moved to amend their counterclaim to conform with the evidence showing appel-lees’ reliance to their detriment upon appellant’s promise to renegotiate the contract. The judge did not rule on that motion at the conference but granted appellees’ requested instruction that would allow them to argue to the jury that their building of a superior quality house constituted consideration for the oral agreement. Following the jury’s verdict favoring appellees, and in the order denying appellant’s motion for a new trial, the trial judge granted appellees’ motion to amend their counterclaim.

This Court is cognizant that the trial was permeated with testimony relating to the separate contract theories as well as the consideration that supported them. Appellant has shown neither error in law nor prejudicial error to its case by the court's reserved ruling. Accordingly, the final judgment is AFFIRMED.

THOMPSON, WIGGINTON and ZEH-MER, JJ., concur.


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  • Pinnacle Port Cmty. Ass'n, Inc. v. Orenstein, 872 F.2d 1536 (11th Cir. 1989)
    …fers its detrimental reliance on NAMI’s undertaking to perform the repairs. Detrimental reliance is valid consideration for a contract. See Crown Life Ins. Co. v. McBride, 517 So. 2d 660, 663 (Fla.1987); United Companies Financial Corp. v. Whitsett, 448 So. 2d 15, 16 (Fla.Dist.Ct.App.1984). The examples of detriment offered by Pinnacle Port are within the bounds of what constitutes consideration under Florida law. Pinnacle Port suffered the detriment of its efforts to comply with its requirements under the…

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