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BROWN v. QUINA

No. H-364.

192 So.2d 544 (1966)

R.J. BROWN and Mabel Brown, Husband and Wife, Appellants, v. Ignatius C. QUINA and Bertha N. Quina, Husband and Wife, Appellees.

District Court of Appeal of Florida. First District.

December 8, 1966.

Attorney(s) appearing for the Case

Coe & Coe, Pensacola, for appellants.

Grover C. Robinson, Jr., and Bert Lane, of Beggs, Lane, Daniel, Gaines & Davis, Pensacola, for appellees.

JOHNSON, Judge.

This is an appeal from a final judgment based upon, primarily, a pretrial order wherein, inter alia, the trial court held that the Statute of Frauds was available as a defense in said cause, because the claim of the plaintiffs was not based upon a written instrument.

We cannot agree with the trial court for the reasons hereinafter appearing.

This case was before this court before an appeal (Wise et al. v. Quina (Brown v. Quina),

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