JAMES L. WILLIAMS, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Fresh Cap. Fin. Servs., Inc. v. Bridgeport Cap. Servs., Inc., 891 So. 2d 1142 (Fla. 4th DCA 2005)
  …f frauds bars its contract claims against Bridgeport, unless the full performance exception to , the statute applies. Full performance by one party to an oral contract removes the contract from the statute of frauds. See Brodie v. All Corp. of USA, 876 So. 2d 577, 579 (Fla. 4th DCA 2004); Hiatt v. Vaughn, 430 So. 2d 597, 598 (Fla. 4th DCA 1983); Av-Med, Inc. v. French, 458 So. 2d 67, 69 (Fla. 3d DCA 1984); Restatement (Seoond) of ContraCts § 130 cmt. d (1981). As alleged in the second amended complaint, Fres…
• ALA v. Royce Chesser, 5 So. 3d 715 (Fla. 1st DCA 2009)
  …employed as a defense” (citing Yates v. Ball, 132 Fla. 182, 181 So. 341 (1937))). The statute of frauds is no bar to count one of appellant’s second amended complaint because it alleged that Mr. Ala fully performed. See Brodie v. All Corp. of USA, 876 So. 2d 577, 579 (Fla. 4th DCA 2004) (“Full performance of an agreement takes the agreement outside the Statute of Frauds.”); W.B.D., Inc. v. Howard Johnson Co., 382 So. 2d 1323, 1327 (Fla. 1st DCA 1980) (“When an oral contract has been fully performed by one p…
• 101 Monument Rd., Inc. v. DELTA Prop. Mgmt., Inc., 993 So. 2d 181 (Fla. 4th DCA 2008)
  …frauds. § 725.01, Fla. Stat. (2007). However, Delta overcame Monument’s affirmative defense as full performance by one party to the contract works to remove an oral agreement from the purview of the statute of frauds. See Brodie v. All Corp. of USA 876 So. 2d 577, 579 (Fla. 4th DCA 2004). Thus, the oral agreement between the parties is enforceable, and the award of monetary damages against Monument for breach is proper. As to the remaining arguments, we are unpersuaded and affirm. KLEIN and STEVENSON, JJ.,…