113 So. 3d 976
Fla. Dist. Ct. App.2013Background
- Browning and Poirier lived together in a romantic relationship beginning in 1991.
- Poirier purchased a winning lottery ticket for the July 4, 2007 drawing and won $1,000,000 but did not share with Browning.
- Browning sued Poirier, asserting five counts including breach of contract and unjust enrichment.
- The oral agreement allegedly began in 1993 to share lottery winnings, applicable whether tickets were bought together or separately and reaffirmed over time.
- Poirier contended the contract was unenforceable under the statute of frauds; the trial court directed verdict for Poirier on the contract claim and on unjust enrichment; final judgment was entered for Poirier.
- The appellate court reversed, holding the statute of frauds did not bar the contract claim and that unjust enrichment could proceed alongside an asserted express contract; remand for trial on contract formation and duration was ordered.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the oral lottery-sharing agreement is barred by the statute of frauds. | Browning argues the contract could be performed within a year or is terminable, so not barred. | Poirier contends the indefinite/longer-than-one-year duration brings it within the statute. | Not barred; issue to be resolved on remand based on intent and duration. |
| Whether unjust enrichment can be maintained when an alleged express contract exists. | Browning seeks recovery for unjust enrichment notwithstanding an asserted contract. | If an express contract exists, unjust enrichment is typically unavailable. | Remand to allow trial on contract and potential concomitant unjust enrichment claim. |
Key Cases Cited
- Yates v. Ball, 181 So. 341 (Fla. 1937) (intent controls whether an oral contract is within the one-year statute)
- Wilcox v. Lang Equities, Inc., 588 So.2d 318 (Fla. 3d DCA 1991) (indefinite duration contracts may fall outside the statute if terminable at will)
- Gulf Solar, Inc. v. Westfall, 447 So.2d 363 (Fla. 2d DCA 1984) (oral at-will-like terms not barred when not clearly outside one year)
- Hope v. National Airlines, 99 So.2d 244 (Fla. 3d DCA 1957) (recognizes limitations on statute of frauds for indefinite terms)
- Richey v. Modular Designs, Inc., 879 So.2d 665 (Fla. 1st DCA 2004) (employment-like contracts terminable at will not necessarily bar enforcement)
- Cabanas v. Womack & Bass, P.A., 706 So.2d 68 (Fla. 8th DCA 1998) (unjust enrichment analyses when express contract claimed)