97 So. 3d 251
Fla. Dist. Ct. App.2012Background
- LaRue sued Kalex for breach of contract and an accounting.
- LaRue left FPL in Nov 2005 to join Kalex as VP with $140,000 salary and benefits.
- LaRue alleges an oral promise of 25% ownership after three years.
- LaRue worked Feb 2006–Dec 2009; salary increased to $180,000.
- Statute of Frauds (Florida) bars actions not capable of performance within one year unless in writing.
- Court held the oral agreement was barred by the statute of frauds and affirmed summary judgment for Kalex.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the oral agreement was barred by the statute of frauds | LaRue claims the agreement could be performed within a year and was partially performed | Kalex contends the agreement was incapable of performance within one year and thus barred | Barred by statute of frauds; affirmed judgment |
| Whether full performance removed the contract from the statute of frauds | LaRue argues full performance would remove the bar | Kalex argues performance within a year did not occur or the contract was never capable of such performance | Not applicable here; the court found the contract barred regardless of any claimed full performance |
Key Cases Cited
- Yates v. Ball, 181 So.2d 341 (Fla. 1937) (parol contracts must be in writing when intended to last beyond one year; strict construction urged)
- Dobbs v. Gorlitz, 443 So.2d 1068 (Fla. 3d DCA 1984) (full performance may remove oral employment agreement from SOF when within one year)
- Hospital Corp. of America v. Associates in Adolescent Psychiatry, 605 So.2d 556 (Fla. 4th DCA 1992) (partial performance doctrines; distinction vs. land contracts and damages)
- All Brand Importers, Inc. v. Tampa Crown Distributors, Inc., 864 F.2d 748 (11th Cir. 1989) (Florida SOF extends to agreements intended to last beyond one year)
- Byam v. Klopcich, 454 So.2d 720 (Fla. 4th DCA 1984) (oral employment indefinite duration not within SOF)
- Cabanas v. Womack & Bass, 706 So.2d 68 (Fla. 3d DCA 1998) (indefinite time; fully performed; not barred by SOF)
- Martinez v. Lieberman, 920 So.2d 128 (Fla. 3d DCA 2006) (indefinite duration, not barred by SOF)
- Richey v. Modular Designs, Inc., 879 So.2d 665 (Fla. 1st DCA 2004) (employment contract terminable at will; commissions; not barred)
- Collier v. Brooks, 632 So.2d 149 (Fla. 1st DCA 1994) (reversal to determine party’s intent to fully perform within one year)
- Elliot v. Carl H. Winslow, Jr., P.A., 737 So.2d 609 (Fla. 2d DCA 1999) (SOF does not bar indefinite employment agreements)
- AV-MED, Inc. v. French, 458 So.2d 67 (Fla. 3d DCA 1984) (indefinite period employment; fully performed; not barred)