05-1717 MARTINEZ & LIBERATORI V. LIEBERMAN

State: Florida

Court: Florida Southern District Court

Docket No: 3d05-1717

Case Date: 01/25/2006

Plaintiff: 05-1717 MARTINEZ & LIBERATORI

Defendant: LIEBERMAN

Preview:NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.

IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2006

GUILLERMO MARTINEZ AND PABLO LIBERATORI, Appellants,

** ** ** CASE NO. 3D05-1717

vs. ** LARRY LIEBERMAN, ** Appellee. ** LOWER TRIBUNAL NO. 04-10634

Opinion filed January 25, 2006. An Appeal from the Circuit Court for Miami-Dade County, Victoria Platzer, Judge. Wendell T. Locke, for appellants, Larry Lieberman, for appellee.

Before RAMIREZ, SHEPHERD, and ROTHENBERG, JJ. PER CURIAM. This is an appeal of a final judgment based on Larry

Lieberman's motion for judgment on the pleadings. The Amended Complaint for breach of contract, breach of duty of good faith

and fair dealings, and breach of fiduciary duty was based on an alleged oral partnership agreement. The trial court granted We

judgment on the pleadings based on the statute of frauds. reverse.

"A motion for judgment on the pleadings must be `decided on the pleadings only'." New Vista Dev. Corp. v. Doral Terrace Under

Assocs., Ltd., 878 So. 2d 462, 464-65 (Fla. 3d DCA 2004).

section 725.01, Florida Statutes (2004), any agreement that is not to be performed within one year is barred unless it is in writing. There is nothing in the pleadings to establish that At best,

the partnership was not to be performed within a year.

this was an oral contract for an indefinite time which is not barred by the Statute of Frauds. See Elliot v. Carl H.

Winslow, Jr., P.A., 737 So. 2d 609, 610 (Fla. 2d DCA 1999). Reversed and remanded for further proceedings.

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