Renfro v. Dodge
Florida District Court of Appeal
520 So. 2d 690 (1988)
- Written by Tammy Boggs, JD
Facts
Marie Vandugteren (defendant) orally agreed to name Anne Renfro (plaintiff) as principal beneficiary of real property in Vandugteren’s will in exchange for Renfro’s agreement to provide nursing, care, and other services to Vandugteren. Vandugteren properly executed a will consistent with the oral agreement, but later, she executed a new will that eliminated Renfro as a beneficiary. Renfro sued Vandugteren, alleging breach of contract and quantum meruit, among other claims. Vandugteren died while the action was pending, and her personal representative, James Dodge (defendant), substituted in. Dodge argued in part that Renfro’s claims failed as a matter of law because they were based on an oral agreement to make a will that did not comply with Florida Statutes § 732.701 regarding succession agreements or the statute of frauds. The trial court agreed and dismissed all the claims except for quantum meruit. Renfro appealed.
Rule of Law
Issue
Holding and Reasoning (Bloom, J.)
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