ELIZABETH M. KELLER, APPELLANT,
v.
JOSEPH PENOVICH, PENMARK CORPORATION, A FLORIDA CORPORATION, D/B/A REDWOOD INN, AND REDWOOD ELECTRIC COMPANY, APPELLEES
AI-generated. These summaries, headnotes, and key points are machine-generated and may contain errors or omissions. Always verify against the full opinion text below. Not legal advice.
The court held that the trial court properly found the oral employment contract unenforceable under the Statute of Frauds and that promissory estoppel was not applicable.
Plaintiff-appellant entered into a two-year oral employment contract which was allegedly breached by the defendant. The trial judge ruled the contract…
The full statement of facts, procedural history, and disposition for this case are member content.
Join FLexlaw to unlock all legal intelligence© FLexlaw, Inc. — AI-generated enrichments are proprietary. All rights reserved.
Explore caselaw by topic → Browse Promissory Estoppel cases and more on FLexlaw
Plaintiff-appellant entered into a two-year oral employment contract. It was breached by defendant and plaintiff seeks damages.
The trial judge ruled the contract unenforceable as violative of the Statute of Frauds, Chapter 725.01, F.S.1969, F.S.A. Plaintiff alleges several reversible errors but we find them without merit and affirm.
Plaintiff tried to amend her factual averments in her amended pleadings to allege a year to year contract, a concept repugnant and inconsistent with the numerous sworn statements of both parties and their proponents. Plaintiff was properly estopped to so amend. Palm Beach Co. v. Palm Beach Estates, 1933, 110 Fla. 77, 148 So. 544; Federated Mutual Implement and Hardware Insurance Company v. Griffin, Fla.App.1970, 237 So.2d 38.
We further find that summary judgment was applicable here because all parties were in agreement concerning the material and critical issues of fact. Additionally promissory estoppel is not controlling on oral employment contracts. Tanenbaum v. Biscayne Osteopathic Hospital, Inc., Fla.1966, 190 So.2d 777.
Affirmed.
REED, C. J., and MAGER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Nettie Davis v. Ferraro, 303 So. 2d 407 (Fla. 3d DCA 1974)…l, Inc., Fla. 1966, 190 So. 2d 777; Manas v. Southern Diversified Industries, Inc., Fla.App. 1967, 193 So. 2d 480; Niagara of Florida, Inc. v. Niagara Therapy Manufacturing Corporation, Fla.App.1970, 231 So. 2d 277; Keller v. Penovich, Fla.App.1972, 262 So. 2d 243; Lewin v. U. S. Industries, Inc., Fla.App. 1973, 272 So. 2d 183. Therefore, the final judgment under review be and the same is hereby reversed, with directions to dismiss the plaintiff’s complaint and cause of action. Reversed and remanded, with d…
-
Geodata Servs., Inc. v. W. R. Grace & Co., 526 So. 2d 922 (Fla. 2d DCA 1988)…ioner had but to follow the provisions of the Statute of Frauds to secure his rights under the arrangement with the respondent instead of taking the position, rather tardily that they did not apply to him. 190 So. 2d at 779. In Keller v. Penovich, 262 So. 2d 243, 244 (Fla. 4th DCA 1972), the court held, relying on Tanenbaum, that promissory estoppel is not controlling on oral employment contracts. But see Dorsey v. Bacon, 436 So. [*930] 2d 1017 (Fla. 1st DCA 1983); Baxter’s Asphalt & Concrete, Inc. v. Liber…
-
Ross v. Hacker, 284 So. 2d 399 (Fla. 3d DCA 1973)…sion for attorney’s fees ceased to exist. We hold that the plaintiff is estopped to maintain such a position in an action in which he has sought s )ecific performance of a contract providing for attorney’s fees. Cf. Keller v. Penovich, Fla.App.1972, 262 So. 2d 243; Federated Mutual Implement and Hardware Insurance Company v. Griffin, Fla.App.1970, 237 So. 2d 38. [*400] Wherefore, the order denying attorney s fees is reversed and the cause is remanded with directions to the trial court to set a fee in accordan…
Previewing 3 of 6 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Tanenbaum v. Biscayne Osteopathic Hosp., Inc., 190 So. 2d 777 (Fla. 1966)
- Palm Beach Co. v. Palm Beach Ests., 110 Fla. 77 (Fla. 1933)
- Federated Mut. Implement & Hardware Ins. Co. v. Griffin, 237 So. 2d 38 (Fla. 1st DCA 1970)