B & C INVESTORS, INC. v. VOJAK

No. 2D09-4326.

79 So.3d 42 (2011)

B & C INVESTORS, INC., and Brett H. Williamson, Appellants, v. Amber VOJAK and Bay-One Enterprises, Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Second District.

August 10, 2011.


Attorney(s) appearing for the Case

Michael T. Robertson of Law Office of Michael T. Robertson, Sarasota, for Appellants.

Theodore L. Tripp, Jr. , and Kevin P. Fularczyk of Hahn Loeser & Parks LLP, Fort Myers, for Appellee Amber Vojak.

No Appearance for Appellee Bay-One Enterprises, Inc.


MORRIS, Judge.

B & C Investors, Inc., and Brett H. Williamson (collectively BCI) appeal a final order dismissing their sixth amended complaint with prejudice. While one of BCI's claims was properly dismissed with prejudice, we conclude the trial court erred when it applied the statute of frauds to bar BCI's claims for breach of fiduciary duty, legal malpractice, and unjust enrichment. For the reasons set forth herein, we affirm in part and reverse in part.

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