BERNARD THROCKMORTON, APPELLANT,

v.

STATE OF FLORIDA, APPELLEE

Citator

Cited By

• Harrison v. Pritchett, 682 So. 2d 650 (Fla. 1st DCA 1996)
  …ly ruling upon the issue before us in the instant case, Florida courts have recognized that a party can bring an action in quantum meruit when an action on an oral contract is excluded by the operation of the statute of frauds. See Miller v. Greene, 104 So. 2d 457, 462 (Fla.1958); Collier v. Brooks, 632 So. 2d at 158 n. 20; Neveils v. Thagard, 145 So. 2d 495, 497 (Fla. 1st DCA 1962); see also Rohrback v. Dauer, 469 So. 2d 833, 834 n. 1 (Fla. 3d DCA 1985); and Hiatt v. Vaughn, 430 So .2d 597, 598 n. 2 (Fla. 4t…
• Kersey v. Kersey, 802 So. 2d 523 (Fla. 1st DCA 2001)
  …7). The former husband argues that his complete performance of the agreement by marrying the wife within one year took the oral agreement out of the Statute of Frauds. We cannot agree. The Florida Supreme Court approved the rule in Miller v. Greene, 104 So. 2d 457, 461 (Fla.1958), that marriage is not by itself “sufficient part performance to take a parol antenuptial agreement out of the Statute.” In the case at bar, marriage is the only performance carried out by the former husband pursuant to the agreement.…
• The Wackenhut Corp. v. E. Airlines, Inc., 581 So. 2d 999 (Fla. 3d DCA 1991)
  …ssal but hold that the dismissal should have been without prejudice to permit Wackenhut to exercise any rights it may have in a direct action against the real party in interest or against Eastern Airlines in a bankruptcy court. See Miller v. Greene, 104 So. 2d 457 (Fla.1958) (defendant should be given opportunity to amend counterclaim prior to dismissal with prejudice regardless of whether defendant moved to amend); Unitech Corp. v. Atlantic Nat. Bank of Miami, 472 So. 2d 817 (Fla. 3d DCA 1985) (dismissal wit…