Statute Of Frauds (Fla. Stat. § 725.01)

29 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Ashland OIL, Inc. v. Rod Pickard
  269 So. 2d 714· Fla. 3d DCA· 1972-11-28 ·cited 131×
  Two consolidated appeals concerning fraudulent inducement and breach of contract claims brought by Captain Rod Pickard and his companies against Ashland Oil, Cobia Boats, Modern Fiber Glass, and Harold Slama regarding an alleged scheme to deceive Pickard into providing his expert
• Collier v. Bolling Brooks
  632 So. 2d 149· Fla. 1st DCA· 1994-02-11 ·cited 31×
  Roger Collier appealed a summary judgment dismissing his breach of contract claim based on the statute of frauds. The court reversed, holding that a genuine factual dispute exists regarding whether an oral 1986 employment agreement requiring equity ownership was performable withi
• Monogram Prods., Inc. v. Berkowitz
  392 So. 2d 1353· Fla. 2d DCA· 1980-12-24 ·cited 29×
  The court held that the Statute of Frauds does not bar enforcement of an oral contract for insurance if it could be performed within one year, and an insurance agent owes a duty to procure coverage as agreed.
• Troup Bros., Inc. v. State of Fla. for the Use & Benefit of Meadows S. Constr. Co., Inc.
  135 So. 2d 755· Fla. 2d DCA· 1961-12-13 ·cited 22×
  Troup Brothers, as general contractor and surety on a statutory construction completion bond, challenged a judgment in favor of Meadows Southern Construction Co., an equipment lessor seeking unpaid rental fees. The court reversed, holding that the equipment lessor was a supplier
• Williams v. Elmer T. Faile and wife
  118 So. 2d 599· Fla. 1st DCA· 1960-01-27 ·cited 22×
  Homebuyers appeal a judgment for the unpaid balance of a real estate purchase price. The court reversed the judgment, holding that the sellers failed to satisfy Florida's Statute of Frauds because there was no written memorandum signed by the defendants evidencing the full terms
• ALL Brand Importers, Inc. v. Tampa Crown Distribs., Inc.
  864 F.2d 748· 11th Cir.· 1989-01-30 ·cited 17×
  An oral contract intended by the parties to last longer than one year is barred by the Statute of Frauds, even if it could have been terminated for cause within a year.
• Farrell v. Layda Tunon Farrell
  661 So. 2d 1257· Fla. 3d DCA· 1995-10-25 ·cited 12×
  In this family law case, the former husband challenged enforcement of a settlement agreement regarding property transfer, alimony, and child custody that was dictated into the record at a deposition but never signed by him in final written form. The court held the oral agreement
• Winter Springs Dev. Corp. v. Fla. Power Corp.
  402 So. 2d 1225· Fla. 5th DCA· 1981-07-29 ·cited 11×
  Summary judgment for the power company was improper because genuine issues of material fact existed regarding the contract's existence, terms, and timely performance, and the administrative remedies doctrine did not apply to a breach of contract claim seeking monetary damages.
• Harrison v. Pritchett
  682 So. 2d 650· Fla. 1st DCA· 1996-11-05 ·cited 9×
  Harrison appealed a judgment on the pleadings dismissing both her breach of oral contract and quantum meruit claims against Pritchett for unpaid personal services. The court affirmed dismissal of the oral contract claim under the statute of frauds but reversed dismissal of the qu
• J Square Enters. v. Regner
  734 So. 2d 565· Fla. 5th DCA· 1999-06-04 ·cited 8×
  J Square Enterprises appealed the dismissal of its breach of contract and fraud claims against a bank that allegedly induced it to pay a third-party judgment by promising to reschedule a foreclosure sale, then failed to cancel the sale as promised. The court held that full perfor
• Topp, Inc. v. Uniden Am. Corp.
  483 F. Supp. 2d 1187· S.D. Fla.· 2007-03-30 ·cited 5×
  The court adopted the magistrate's recommendation to grant summary judgment on the oral distributorship agreement claims due to the Statute of Frauds, and also granted summary judgment on the tortious interference claim based on the economic loss rule.
• Ocwen Loan Servicing, LLC v. Delvar
  180 So. 3d 1190· Fla. 4th DCA· 2015-12-09 ·cited 3×
  Ocwen Loan Servicing appealed a trial court judgment that found an oral modification of a mortgage was enforceable and reformed the note and mortgage accordingly. The Fourth District Court of Appeal reversed, holding that because the mortgage was within Florida's Statute of Fraud
• Steinberg v. Kearns
  907 So. 2d 691· Fla. 4th DCA· 2005-08-03 ·cited 3×
  The court held that fraudulent inducement claims are not barred by the statute of frauds if they allege facts separate from the contract breach, and that amended claims relate back to the original filing date if they arise from the same conduct, transaction, or occurrence.
• Am. Recycling Co., Inc. v. Cnty. of Manatee
  963 F. Supp. 1572· M.D. Fla.· 1997-05-06 ·cited 3×
  The court held that the defendant's actions and communications, particularly the authorization to proceed with negotiations and the subsequent correspondence, could create a binding contract even before a formal written agreement was executed, thus potentially precluding summary
• Am. Atl. Lines v. ROS Forwarding, Inc.
  441 So. 2d 1153· Fla. 3d DCA· 1983-11-22 ·cited 3×
• MAY v. Allapattah Props. P'ship
  867 So. 2d 442· Fla. 4th DCA· 2004-02-04 ·cited 2×
• W.P. Verhaegen v. Montigny
  553 So. 2d 756· Fla. 2d DCA· 1989-12-15 ·cited 2×
  The court held that the statute of frauds did not bar the breach of contract claim, but the fraud claim was properly dismissed because it did not involve a securities transaction. The counterclaim must be retried.
• F.A. McGEE v. Emmer Dev. Corp. & Philip I. Emmer
  541 So. 2d 1292· Fla. 1st DCA· 1989-04-11 ·cited 2×
  An implied contract to pay discretionary bonuses may exist where an employer has paid bonuses consistently over many years, but the trial court's finding that employees were substantially overpaid in prior years, supported by substantial evidence of EDC profits and prior bonus pa
• Sandalwood 7160 LLC v. Gonzalo J. Estevez
  Fla. 3d DCA· 2026-04-01
  No enforceable contract for the sale of real property existed where the initial agreement was signed by only two of three owners, a subsequent addendum was never executed by the buyer, and the parties continued negotiating essential terms, thus specific performance and breach of
• Sound Around, Inc. v. Hialeah Last Mile Fund VII LLC
  S.D. Fla.· 2023-04-07
  The court held that a genuine issue of material fact exists regarding whether Sound Around's conduct constituted gross negligence, thus preventing summary judgment on the reformation claim. However, the court found a mutual mistake in omitting HLM from the agreement.
• Gratchev v. Gratchev
  S.D. Fla.· 2022-07-14
  The court held that genuine disputes of material fact precluded summary judgment on several claims, including those related to the Statute of Frauds and breach of oral contract, but granted summary judgment on claims concerning ownership of Boston Stars Hockey, LLC and derivative
• Doe v. Roe
  S.D. Fla.· 2020-11-12
  The court held that an alleged oral agreement, which by its terms could not be performed within one year, was barred by the statute of frauds, precluding claims for breach of contract, fraud, fraud in the inducement, and promissory estoppel. The unjust enrichment claim failed for
• Allen v. Ophelia Berry
  765 So. 2d 121· Fla. 5th DCA· 2000-06-16
  An enforceable contract for the sale of land requires a written memorandum satisfying the statute of frauds that demonstrates a meeting of the minds on all essential terms, and when the evidence shows the parties were continuing to negotiate essential terms, no enforceable contra
• Magrann v. Freeman Epes and Jane Epes
  646 So. 2d 760· Fla. 2d DCA· 1994-11-04
  The court held that the agreement to pay the promissory note was a direct promise supported by consideration, not a promise to answer for the debt of another, and thus not subject to the statute of frauds.
• Siler v. ALL PRO Realty Serv., Inc.
  491 So. 2d 331· Fla. 5th DCA· 1986-07-17
  This case involves an appeal by property sellers from a judgment ordering specific performance of a real estate contract and payment of a brokerage commission. The appellate court reversed, finding that the contract was not validly executed because not all necessary parties with
• A. H. Patten & Co. v. Trulis
  185 So. 2d 183· Fla. 3d DCA· 1966-04-19
  A. H. Patten & Company appealed a summary judgment dismissing its claim against Thomas Trulis for unpaid insurance premiums. The court reversed, finding that material factual disputes existed regarding whether Trulis had personally contracted to pay the premiums, precluding summa
• Miller v. Greene
  104 So. 2d 457· Fla.· 1958-07-16
  I. Miller sued Ethel Greenberg for monies owed; Greenberg counterclaimed for $25,000 in services rendered, alleging Greenberg promised to marry Miller and share hotel profits in exchange for his management services. The trial court dismissed the counterclaim, and Miller appeals,
• Blutreich v. Blue
  4 Fla. Supp. 79· Dade Cty. Cir. Ct.· 1953-08-27
  This case involves a dispute over a real estate contract where the buyer sought to recover a partial deposit after the contract was allegedly breached. The court affirmed the lower court's decision, finding that the buyer's actions constituted a repudiation of the contract, preve
• Danas v. Calio
  158 Fla. 902· Fla.· 1947-05-16
  The court held that an oral agreement for a three-year lease is unenforceable under the statute of frauds and thus cannot support a temporary injunction.