By Anonymous -

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

Comments

Post a Comment

Popular posts from this blog

The Dotted Line: When Contractors Can Walk Off the Job

By -
When general contractors or subcontractors sign on to construction projects, they usually start off believing everything will run smoothly. But, during the course of the work, issues sometimes arise that force all parties to go running back to their contracts in order to evaluate their options. One of those options for construction companies is to simply stop work, but contractors need to take care when making such a big decision. “Stopping work and ultimately terminating the contract is one of the most radical things you can do,” said Joseph McManus Jr., attorney and shareholder at law firm Carlton Fields.   Luckily, most of the circumstances under which contractors are clearly entitled to stop work are included in the most popular standard forms of contracts. Nonpayment The most common reason that contractors find it necessary to stop work, McManus said, is that they haven’t been paid for approved invoices. In that scenario, he said, contractors have the ...
Read more

"Mass-timber" Sees Greater Use in Roofing and Construction Projects in Europe

By -
Image
The use of "mass-timber," or prefabricated engineered wood components is becoming more common in construction and roofing applications in Europe. In projects such as the galleria roof of a central city building in Surrey, it helps meet demand for wood structures to add visual appeal. From NRCA Trenton H. Cotney Florida Bar Certified Construction Lawyer Trent Cotney, P.A. 407 N. Howard Avenue Suite 100 Tampa, FL 33606 www.trentcotney.com
Read more