HASKEL REALTY GROUP, INC. v. K B TYRONE, L L C
253 So. 3d 84
Fla. Dist. Ct. App.2018Background
- Haskel Realty Group (plaintiff) sued KB Tyrone, LLC (defendant) after KB Tyrone refused to pay a $150,000 commission.
- Haskel alleges an oral agreement with a KB Tyrone representative: Haskel would receive $150,000 if it procured a CVS lease for KB Tyrone property.
- Haskel claims it procured the CVS lease and KB Tyrone refused payment, causing damages.
- Haskel pleaded three causes of action in the fourth amended complaint: breach of an oral contract, unjust enrichment, and quantum meruit.
- The trial court dismissed the fourth amended complaint with prejudice for failure to state a cause of action against KB Tyrone.
- The Second District reversed, finding the complaint sufficiently alleged breach of an oral contract and permissibly pleaded alternative equitable remedies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the complaint sufficiently alleges breach of an oral contract | Haskel alleged an oral agreement for a $150,000 commission, performance (procuring the CVS lease), defendant's refusal to pay, and resulting damages | KB Tyrone argued the allegations were legally insufficient to state a cause of action | Court held the allegations suffice to state a breach of oral contract claim; dismissal was error |
| Whether unjust enrichment and quantum meruit claims are barred by alleging an express contract | Haskel pleaded unjust enrichment and quantum meruit alternatively to the express contract claim | KB Tyrone argued equitable claims are negated by existence of an express contract allegation | Court held alternative pleadings are permitted under Fla. R. Civ. P. 1.110(g); equitable claims may stand as alternatives |
Key Cases Cited
- Swope Rodante, P.A. v. Harmon, 85 So. 3d 508 (Fla. 2d DCA 2012) (motion to dismiss requires assuming complaint allegations are true)
- Brooke v. Shumaker, Loop & Kendrick, LLP, 828 So. 2d 1078 (Fla. 2d DCA 2002) (on motion to dismiss, court confines itself to the complaint and resolves in plaintiff's favor)
- Gann v. BAC Home Loans Servicing LP, 145 So. 3d 906 (Fla. 2d DCA 2014) (motion to dismiss tests legal sufficiency, not factual disputes)
- Ferguson Enters., Inc. v. Astro Air Conditioning & Heating, Inc., 137 So. 3d 613 (Fla. 2d DCA 2014) (motion to dismiss is not a substitute for summary judgment)
- Baron v. Osman, 39 So. 3d 449 (Fla. 5th DCA 2010) (elements required to state breach of an express oral contract)
- Carole Korn Interiors, Inc. v. Goudie, 573 So. 2d 923 (Fla. 3d DCA 1990) (contract elements and pleading sufficiency)
- Johnson v. Dep't of Health & Rehab. Servs., 695 So. 2d 927 (Fla. 2d DCA 1997) (parties may assert inconsistent or mutually exclusive claims in the same pleading)