ELLIOT L. MILLER, APPELLANT,

v.

RONALD D. TUCKER ET AL., APPELLEES

Citator

Cited By

• Arnaldo Fernandez Batista & Rock & Fill Corp. v. Walter & Bernstein, P.A., 378 So. 2d 1321 (Fla. 3d DCA 1980)
  …2 (Fla. 4th DCA 1979). In resolving the uncertainty, we have concluded that the “greater weight” test applies in an action, like this one, to recover damages for breach of an alleged oral agreement, and that Sultan v. Jade Winds Construction Corp., 277 So. 2d 574, 575 (Fla. 3d DCA 1973), and Shell’s City, Inc. v. Westerman, 257 So. 2d 276, 279 (Fla. 3d DCA 1971), which indicate otherwise, are not authoritative on the question. A close analysis of these decisions reveals that the language which suggests, as…
• Zimmer v. Pony Express Courier Corp. of Fla., 408 So. 2d 595 (Fla. 2d DCA 1981)
  …ration of that period without a new contract, a presumption arises that the employment is continued on the terms of the original contract. However, such a presumption may be rebutted, and it was in this case. Sultan v. Jade Winds Construction Corp., 277 So. 2d 574 (Fla.3d DCA 1973). Having determined that the contract entered into by the parties had expired in 1976, the appellee’s contention that the covenant contained in the agreement survived and restricted appellant Mr. Zimmer for two years after he left…
• Rossmoor Corp. v. Tri-County Concrete Prods., Inc., 375 So. 2d 896 (Fla. 4th DCA 1979)
  …om suspicion” [Alexander v. Bess, 123 Fla. 713, 167 So. 533, 535 (1936)], and that the existence of such contract must be proven by “more than a preponderance of the evidence.” Alexander v. Bess, supra; Sultan v. Jade Winds Construction Corporation, 277 So. 2d 574 (Fla. 3d DCA 1973). suspicion.” Since we find the record supports the trial court’s decision even under the standard of proof advanced by appellant, we must affirm on this issue.2 Rossmoor’s points 2 and 3 regarding oral surety and statute of fraud…

Authorities Cited

• Allstate Mortg. Corp. OF Fla. & Inca Int'l Corp. v. Strasser, 277 So. 2d 843 (Fla. 3d DCA 1973)