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Browning v. Poirier

Florida Supreme Court
165 So. 3d 663 (2015)

Written by Rich Walter, JD

Facts

In 1993, romantic partners Howard Browning (plaintiff) and Lynn Anne Poirier (defendant) orally agreed to begin buying lottery tickets and share the proceeds of any winning ticket. In 2007, Poirier won a million-dollar lottery prize. Poirier refused to share the money with Browning, who then sued Poirier for breach of contract. The trial court directed the jury’s verdict for Poirier, reasoning that the statute of frauds barred Browning’s claim. Browning appealed to an intermediate appellate court, which affirmed the trial court’s judgment. Browning appealed to the Florida Supreme Court.

Rule of Law

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Issue

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Holding and Reasoning (Polston, J.)

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A "yes" or "no" answer to the question framed in the issue section;
A summary of the majority or plurality opinion, using the CREAC method; and
The procedural disposition (e.g., reversed and remanded, affirmed, etc.).

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