Chong v. Milano, No. 92-2009
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | PER CURIAM |
| Citation | 623 So.2d 536 |
| Parties | 18 Fla. L. Week. D1632 Raymond CHONG, Appellant, v. Tony MILANO, Appellee. |
| Decision Date | 21 July 1993 |
| Docket Number | No. 92-2009 |
Page 536
v.
Tony MILANO, Appellee.
Fourth District.
Rehearing Denied Sept. 27, 1993.
Page 537
PER CURIAM.
Raymond Chong appeals the final judgment entered in favor of Tony Milano for the breach of an oral contract. Chong argues the statute of frauds bars the enforcement of the oral contract. We agree with Chong, and reverse the final judgment.
Milano and Chong entered into an oral agreement to own and operate a recreational vehicle dealership. At trial, Milano testified that the agreement was to last forever. Florida's statute of frauds, contained in section 725.01, Florida Statutes (1989), provides in pertinent part:
No action shall be brought ... upon any agreement that is not to be performed within the space of 1 year from the making thereof ..., unless the agreement or promise upon which such action shall be brought or some note or memorandum thereof shall be in writing and signed by the party to be charged therewith or by some other person by him thereunto lawfully authorized.
Since the business agreement was to last indefinitely, the statute of frauds bars its enforcement. See Khawly v. Reboul, 488 So.2d 856 (Fla. 3d DCA1986).
Milano argues on appeal that even if the statute of frauds bars the enforcement of the oral contract, the trial court can be affirmed because Milano suffered a loss by relying on Chong's promises. However, Milano only filed a one count complaint alleging the breach of an oral contract. Since the reliance argument was not raised in the complaint nor litigated by the parties, it is not properly before this court. See Neveils v. Thagard, 145 So.2d 495 (Fla. 1st DCA1962).
Since the statute of frauds bars the enforcement of the oral contract, we reverse the final judgment and remand to the trial court for the entry of a judgment consistent with this opinion.
REVERSED AND REMANDED.
GUNTHER, POLEN and KLEIN, JJ., concur.
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Topp, Inc. v. Uniden American Corp., No. 05-21698CIV.
...state courts which have construed this issue have also applied § 725.01 to similar factual situations. For example, in Chong v. Milano, 623 So.2d 536 (Fla. 4th Dist.Ct.App.1993), the appellate court, relying on § 725.01, found that the Statute of Frauds barred enforcement of an oral agreeme......
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Centro Nautico Representacoes Nauticas, LDA. v. International Marine Co-op, Ltd., CO-O
...agreement is unenforceable. Viscito v. Fred S. Carbon Co., 23 Fla. L. Weekly D2034, 717 So.2d 586 (Fla. 4th DCA 1998); Chong v. Milano, 623 So.2d 536 (Fla. 4th DCA 1993). Because the parties had long since passed the $500 and 1 year benchmarks, as a matter of law there was no right to reaso......
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Lynkus Communications, Inc. v. Webmd Corp., No. 2D04-3967.
...trial court correctly concluded that 965 So.2d 1166 enforcement of the agreement was barred by the Statute of Frauds"); Chong v. Milano, 623 So.2d 536, 537 (Fla. 4th DCA 1993) ("Since the business agreement was to last indefinitely, the statute of frauds bars its LynkUs also relies on the p......
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Viscito v. Fred S. Carbon Co., Inc., No. 97-1560
...believe the trial court correctly concluded that enforcement of the agreement was barred by the Statute of Frauds. See Chong v. Milano, 623 So.2d 536, 537 (Fla. 4th DCA However, we disagree as to summary judgment on Counts I and II for tortious interference and conversion. The Viscitos asse......
-
Topp, Inc. v. Uniden American Corp., No. 05-21698CIV.
...state courts which have construed this issue have also applied § 725.01 to similar factual situations. For example, in Chong v. Milano, 623 So.2d 536 (Fla. 4th Dist.Ct.App.1993), the appellate court, relying on § 725.01, found that the Statute of Frauds barred enforcement of an oral agreeme......
-
Centro Nautico Representacoes Nauticas, LDA. v. International Marine Co-op, Ltd., CO-O
...agreement is unenforceable. Viscito v. Fred S. Carbon Co., 23 Fla. L. Weekly D2034, 717 So.2d 586 (Fla. 4th DCA 1998); Chong v. Milano, 623 So.2d 536 (Fla. 4th DCA 1993). Because the parties had long since passed the $500 and 1 year benchmarks, as a matter of law there was no right to reaso......
-
Lynkus Communications, Inc. v. Webmd Corp., No. 2D04-3967.
...trial court correctly concluded that 965 So.2d 1166 enforcement of the agreement was barred by the Statute of Frauds"); Chong v. Milano, 623 So.2d 536, 537 (Fla. 4th DCA 1993) ("Since the business agreement was to last indefinitely, the statute of frauds bars its LynkUs also relies on the p......
-
Viscito v. Fred S. Carbon Co., Inc., No. 97-1560
...believe the trial court correctly concluded that enforcement of the agreement was barred by the Statute of Frauds. See Chong v. Milano, 623 So.2d 536, 537 (Fla. 4th DCA However, we disagree as to summary judgment on Counts I and II for tortious interference and conversion. The Viscitos asse......