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BALLARD-CANNON DEV. v. SANDMAN PROPERTIES

No. 1D05-4083.

933 So.2d 1251 (2006)

BALLARD-CANNON DEVELOPMENT CORPORATION, a Florida corporation, A. Bowen Ballard, and Shane L. Cannon, Appellants, v. SANDMAN PROPERTIES AND DEVELOPMENT, LLC, a Florida Limited Liability corporation, and Mercer Williams, Jr., Appellees.

District Court of Appeal of Florida, First District.

July 24, 2006.

Attorney(s) appearing for the Case

William E. Bond, Jr. and Scott A. Remington of Clark, Partington, Hart, Larry, Bond & Stackhouse, Pensacola, for Appellants.

J. Nixon Daniel, III, Charles Wiggins, and Terrie L. Didier of Beggs & Lane, Pensacola, for Appellees.

PER CURIAM.

Ballard-Cannon Development Corporation ("B-C") appeals a directed verdict that found its purported oral contract with Appellees unenforceable under Florida's statute of frauds. See § 725.01, Fla. Stat. (2005). Appellees argue B-C waived its breach of contract argument when it acquiesced to the dismissal of that count in order to proceed, by way of its election of remedies, to a judgment on a separate count in its complaint. As the trial court...

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