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Showing posts with the label statute of frauds

Oral Contracts and Statute of Frauds

Siegel v. Rowe , Case No. 2D10-2796 and 2D10-2864, filed October 5, 2011: In an action to collect on an alleged verbal loan of $50,000, trial court’s section 57.105 fees and costs award of $42,413.89 against plaintiff based on mistaken finding that cause of action was barred by Statute of Frauds, was overturned. Here the court found that the opposing and conflicting evidence at trial and the erroneous application of the Statue of Frauds failed to support that the action was “frivolous.”  (from RPPTL Construction Regulation Subcommittee). Trenton H. Cotney Florida Bar Board Certified in Construction Law Trent Cotney, P.A. 1207 N Franklin St, Ste 222 Tampa, FL 33602 (813) 579-3278 www.trentcotney.com

Quantum Meruit and Statute of Frauds

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The statute of frauds is not a defense to a claim for quantum meruit or implied contract.  Harrison v. Pritchett , 682 So.2d 650 (Fla. 1st DCA 1996). Trenton H. Cotney Florida Bar Certified in Construction Law Glenn Rasmussen Fogarty & Hooker, P.A. 100 S. Ashley Dr., Suite 1300 Tampa, FL 33602 (813) 229-3333 www.trentcotney.com