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12 Florida opinions name it 1 courts 1987–2012 0 in the last five years
The cases below were cited by Florida courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
General Matters, Inc., a Florida Corporation D/B/A York Associates, Plaintiff v. Penny Products, Inc., an Indiana Corporationgreen2 sentences1995Hinson-Barr, Inc. v. Pinckard, 292 S.C. 267, 268 , 356 S.E.2d 115, 116 (1987); General Matters, Inc. v. Penny Products, Inc., 651 F.2d 1017, 1020 (5th Cir.1981). 1988In General Matters, Inc. v. Penny Products, Inc., 651 F.2d 1017 (5th Cir.1981), the court applied Florida law in a case involving the statute of frauds defense in a sale of goods. | 2 | 3 |
In re the Arbitration between Marlene Industries Corp. & Carnac Textiles, Inc.green2 sentences1995See Marlene Industries Corp. v. Carnac Textiles, Inc., 45 N.Y.2d 327, 331 , 380 N.E.2d 239, 240 , 408 N.Y.S.2d 410, 411-412 (1978); see generally White and Summers, Uniform Commercial Code, § 2-3 (2d Ed.1980). 1995See Marlene Industries Corp. v. Carnac Textiles, Inc., 45 N.Y.2d 327, 331 , 380 N.E.2d 239, 240 , 408 N.Y.S.2d 410, 411-412 (1978); see generally White and Summers, Uniform Commercial Code, § 2-3 (2d Ed.1980). | 2 | 2 |
Hinson-Barr, Inc. v. PINCKARD, IIIgreen2 sentences1995Hinson-Barr, Inc. v. Pinckard, 292 S.C. 267, 268 , 356 S.E.2d 115, 116 (1987); General Matters, Inc. v. Penny Products, Inc., 651 F.2d 1017, 1020 (5th Cir.1981). 1995Hinson-Barr, Inc. v. Pinckard, 292 S.C. 267, 268 , 356 S.E.2d 115, 116 (1987); General Matters, Inc. v. Penny Products, Inc., 651 F.2d 1017, 1020 (5th Cir.1981). | 2 | 2 |
Young v. Pottingergreen2 sentences2012Alternatively, a party may “ ‘ple[a]d themselves around’ the statute of frauds defense by demonstrating an estop-pel on the face of their pleading.” DK Arena, Inc. v. EB Acquisitions I, LLC, 31 So.3d 313, 324 (Fla. 4th DCA 2010) (quoting Young v. Pottinger, 340 So.2d 518, 520-21 (Fla. 2d DCA 1976)). 3 Here, the guarantors assert that they detrimentally relied upon the lender’s oral representations to extend the maturity date as evidenced by their consent to the $6,000 deduction from the loan proceeds to obtain a new appraisal and their forgoing the development and sale of the project. 2010Id. at 520-21 . | 1 | 2 |
Tanenbaum v. Biscayne Osteopathic Hospital, Inc.green2 sentences1990Tanenbaum v. Biscayne Osteopathic Hosp., Inc., 190 So.2d 777, 779 (Fla. 1966) (quoting Yates v. Ball, 132 Fla. 132 , 181 So. 341 (1937)). 1987Tanenbaum v. Biscayne Osteopathic Hospital, Inc., 190 So.2d 777 (Fla. 1966). | 1 | 2 |
DK Arena, Inc. v. EB ACQUISITIONS I, LLCgreen1 sentence2012Alternatively, a party may “ ‘ple[a]d themselves around’ the statute of frauds defense by demonstrating an estop-pel on the face of their pleading.” DK Arena, Inc. v. EB Acquisitions I, LLC, 31 So.3d 313, 324 (Fla. 4th DCA 2010) (quoting Young v. Pottinger, 340 So.2d 518, 520-21 (Fla. 2d DCA 1976)). 3 Here, the guarantors assert that they detrimentally relied upon the lender’s oral representations to extend the maturity date as evidenced by their consent to the $6,000 deduction from the loan proceeds to obtain a new appraisal and their forgoing the development and sale of the project. | 1 | 1 |
Affordable Homes, Inc. v. Devil's Run, Ltd.green1 sentence2010Affordable Homes, Inc. v. Devil’s Run, Ltd., 408 So.2d 679, 680 (Fla. 1st DCA 1982). | 1 | 1 |
Salcedo v. Asociacion Cubana, Inc.green1 sentence2006See Salcedo v. Asociacion Cubana, Inc., 368 So.2d 1337 (Fla. 3d DCA 1979) (holding that where a party had previously secured dismissal of a timely-filed action by successfully contending that the case must be submitted to mediation, party could not subsequently argue that mediation was improperly invoked and that the statute of limitations had run). | 1 | 1 |
Brott v. Residential Interiors Inc.green1 sentence1999See Blaschik v. Phillips, 573 So.2d 1080 (Fla. 4th DCA 1991); Azemco, Inc., v. Brown, 553 So.2d 1245 (Fla. 3d DCA 1989). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Florida. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Charles W. Dwight, Iii, Cross-Appellant v. Joan F. Tobin, Howard N. Ellman, Cross-Appellees
green
2 sentences1994It simply appears that this point was neither raised nor argued before the court. 947 F.2d at 459-60 . 1992The Eleventh Circuit reviewed the Florida cases in Dwight v. Tobin, 947 F.2d 455 (11th Cir.1991), and came to the conclusion that the Florida Supreme Court has not receded from its early limitation on the doctrine in *558 damages cases set forth in Elsberry v. Sexton, 61 Fla. 162 , 54 So. 592 (1911), which held: Where a contract is for the sale of lands, or any interest therein, and is not in writing, no action at law can ever be maintained upon it. | 2 | 1992–1994 |
United of Omaha Life Ins. Co. v. Nob Hill Associates
green
1 sentence2010The court recognized that where one party to a real estate contract took action in reliance upon an oral agreement to extend the time for performance, the other party is estopped from relying on the statute of frauds to claim “that it did not agree to a longer period of time for compliance.” Id. at 539 . | 1 | 2010–2010 |
Kolski Ex Rel. Kolski v. Kolski
green
1 sentence2008Kolski v. Kolski 731 So.2d 169 (Fla. 3d DCA 1999) (concluding that a statute of frauds defense is inapplicable to such equitable claims as unjust enrichment, restitution, and imposition of a constructive trust). | 1 | 2008–2008 |
Azemco (North America), Inc. v. Brown
green
1 sentence1999See Blaschik v. Phillips, 573 So.2d 1080 (Fla. 4th DCA 1991); Azemco, Inc., v. Brown, 553 So.2d 1245 (Fla. 3d DCA 1989). | 1 | 1999–1999 |
Elsberry v. Sexton
green
1 sentence1992The Eleventh Circuit reviewed the Florida cases in Dwight v. Tobin, 947 F.2d 455 (11th Cir.1991), and came to the conclusion that the Florida Supreme Court has not receded from its early limitation on the doctrine in *558 damages cases set forth in Elsberry v. Sexton, 61 Fla. 162 , 54 So. 592 (1911), which held: Where a contract is for the sale of lands, or any interest therein, and is not in writing, no action at law can ever be maintained upon it. | 1 | 1992–1992 |
Yates v. Ball
green
2 sentences1990Tanenbaum v. Biscayne Osteopathic Hosp., Inc., 190 So.2d 777, 779 (Fla. 1966) (quoting Yates v. Ball, 132 Fla. 132 , 181 So. 341 (1937)). 1990Tanenbaum v. Biscayne Osteopathic Hosp., Inc., 190 So.2d 777, 779 (Fla. 1966) (quoting Yates v. Ball, 132 Fla. 132 , 181 So. 341 (1937)). | 1 | 1990–1990 |
Alderson v. Francis I. duPont & Company
green
1 sentence1988Consistent with these holdings is Alderson v. Francis I. duPont & Company, 251 So.2d 710 (Fla. 3rd DCA 1971). | 1 | 1988–1988 |
Katz v. Abrams
green
1 sentence1988Discussing the defense the court said: A statute of frauds defense does not go to the underlying merits of the dispute if the defense fails, the plaintiff does not automatically win the case, but will be allowed to attempt to prove the contract and the breach. 549 F. Supp. at 669 . | 1 | 1988–1988 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.