FRESH CAPITAL v. BRIDGEPORT CAPITAL

No. 4D04-1205.

891 So.2d 1142 (2005)

FRESH CAPITAL FINANCIAL SERVICES, INC., a Florida corporation, Appellant, v. BRIDGEPORT CAPITAL SERVICES, INC., a Florida corporation, and Mark Rosenstein, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

January 26, 2005.


Attorney(s) appearing for the Case

Michael W. Ullman and Laurie A. Thompson of Ullman, Ullman & Vazquez, P.A., Boca Raton, for appellant.

Barry P. Gruher of Adorno & Yoss, P.A., Fort Lauderdale, for appellee Bridgeport Capital Services, Inc., a Florida corporation.


GROSS, J.

The issue in this case is whether a company's performance of a series of separate commission contracts — which involves the referral of clients — falls under the full performance exception to the statute of frauds. We hold that the pleading here at issue brings the contract claims within the exception, and reverse.

This is an appeal from an order of dismissal for failure to state a cause of action. See Fla. R. Civ. P. 1.140(b...

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