Supreme Court of Florida

Dk Arena, Inc. v. Eb Acquisitions I, LLC — Canady, J., Dissenting

March 28, 201338 Fla. L. Weekly Supp. 187

Summary

Justice Canady dissents, arguing that the majority erred in finding a conflict with Tanenbaum and should instead consider Bradley v. Sanchez as controlling. He affirms the Fourth District Court’s analysis that an oral waiver of a written‑contract term is enforceable despite the statute of frauds, and therefore would uphold the lower court’s decision.