BARCLAY SQUARE ASSOCIATES, LTD., A FLORIDA LIMITED LIABILITY PARTNERSHIP, APPELLANT,
v.
PLANTFIND.COM, A FLORIDA CORPORATION, AND FRANK FERRARO, INDIVIDUALLY AND MIKE FERRARO, INDIVIDUALLY, APPELLEES
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The court reversed summary judgment for the landlord on the statute of frauds defense to an oral lease modification claim, holding that oral modifications to lease conditions may be enforceable where reliance creates injustice under the DK Arena doctrine.
A party may not ignore oral modifications to lease conditions where reliance on those modifications by the other party creates an injustice, notwithstanding the statute of frauds.
[1] An oral modification of a lease agreement is not barred by the statute of frauds when enforcement of the original terms, in light of the other party's reliance on the mod…
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Join FLexlaw to unlock all legal intelligence“from ignoring oral modifications to conditions of performance, where to do so, in light of one party's reliance on the modifications, creates an injustice”
The court cited DK Arena, Inc. v. EB Acquisitions I, LLC to establish the exception to the statute of frauds for oral lease modifications.
Barclay Square Associates leased premises to Plantfind.com with an August 1, 2004 possession date contingent on Barclay making improvements. Plantfind…
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The parties entered into a lease agreement, whereby appellee Plantfind would take possession of the premises on August 1, 2004, after appellant Barclay made certain improvements. On October 21, 2004, Plantfind terminated the lease due to Barclay’s failure to deliver the premises. Barclay filed a complaint, alleging that the parties orally agreed to modify the lease and extend the August 1 deadline. The trial court entered summary judgment in favor of Plantfind, finding that the statute of frauds barred oral modification of the lease. Subsequent to the trial court’s decision, this court decided DK Arena, Inc. v. EB Acquisitions I, LLC, 31 So.3d 313, 325 (Fla. 4th DCA), review granted, 47 So.3d 1288 (Fla.2010), which held that a party is prevented “from ignoring oral modifications to conditions of performance, where to do so, in light of one party’s reliance on the modifications, creates an injustice.” Because the trial court did not have the benefit of DK Arena, and because the parties agreed at oral argument that DK Arena is dispositive, we reverse and remand for the trial court to reconsider its decision in light of that case. We affirm without comment the trial court permitting Plantfind to amend its pleadings to assert a claim for attorney’s fees.
Affirmed in part, reversed in part, and remanded.
*1292CIKLIN, LEVINE, JJ., and THORNTON, JOHN W., JR., Associate Judge, concur.
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Citator
Authorities Cited
- Dk Arena, Inc. v. Eb Acquisitions, LLC, 47 So. 3d 1288 (Fla. 2010)
- DK Arena, Inc. v. EB Acquisitions I, LLC, 31 So. 3d 313 (Fla. 4th DCA 2010)