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Promisory Estoppels Cannot be Used to Avoid the Statute of Frauds


DK Arena, Inc., v. EB Acquisitions I, LLC, 38 Fla. L. Weekly S187a, Case No SC10-897, filed March 28, 2013. Florida Supreme Court quashed and remanded appellate decision based on Tanenbaum v. Biscayne Osteopathic Hospital, Inc., 190 So. 2d 777 (Fla. 1966) and held that the judicially-created doctrine of promissory estoppels cannot be used to avoid the Statute of Frauds (Section 725.01 F. S.). Specifically, the court held that an oral statement by the seller of real property (celebrity boxing promoter Don King) for an extension of the due diligence period in the written contract was not effective, even though it otherwise meet the criteria for "promissory estoppel."
NOTE; While Justice Canady dissent based on his disagreement that there is conflict withTanenbaum,  he finds jurisdiction based on conflict with Bradley v. Sanchez, 943 So. 2d 218 (Fla. 3d DCA 2006), but agrees with the analysis of the district court.
(RPPTL Subcommittee)

Trenton H. Cotney
Florida Bar Certified Construction Lawyer
Trent Cotney, P.A.
1211 N Franklin St
Tampa, FL 33602

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