MONIQUA BARGER
v.
MELISSA CANDOW-YOST
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Moniqua Barger appeals a trial court judgment finding an oral/written contract for the conditional return of two horses unenforceable. Barger claimed Melissa Candow-Yost breached the contract by euthanizing one horse without consent. The Fifth District affirmed the trial court's judgment, though Justice Makar dissented, arguing the contract was enforceable.
The trial court's judgment finding the contract unenforceable is affirmed. The majority of the court upheld the trial court's conclusion that the contract was not enforceable under applicable law.
[1] A written agreement conditioning the transfer of personal property on the transferee's obligation to return the property if no longer desired constitutes an enforceable c…
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Join FLexlaw to unlock all legal intelligence“the record evidence establishes an enforceable written contract involving two horses that Moniqua Barger gave to Melissa Candow-Yost conditioned on their return if the latter no longer wanted them”
Dissenting opinion establishing the factual basis for the contract dispute and Barger's position that an enforceable contract existed
Previewing 1 of 3 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligenceBarger gave two horses to Candow-Yost under an agreement that Candow-Yost would return them if she no longer wanted them. Candow-Yost subsequently eut…
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January 10, 2025 PER CURIAM.
AFFIRMED. EDWARDS, C.J., and EISNAUGLE, J., concur. MAKAR, J., dissents with opinion.
_____________________________ Not final until disposition of any timely and authorized motion under Fla. R. App. P. 9.330 or 9.331.
_____________________________ Case No. 5D2024-0904 LT Case No. 2023-SC-001148 MAKAR, J., dissenting.
In this non-jury action, the record evidence establishes an enforceable written contract involving two horses that Moniqua Barger gave to Melissa Candow-Yost conditioned on their return if the latter no longer wanted them. Candow-Yost euthanized one of the horses without Barger’s consent, precipitating a breach of contract action. The trial court concluded that the contract was unenforceable, which was error. As such, reversal is warranted so that Barger can seek to enforce the agreement with Candow-Yost.