Diaz v. Cat Cay Holdings JHR, LLC
The Third DCA reversed a $600,000 final summary judgment on an unjust enrichment claim arising from an oral agreement in which Ruiz paid Diaz's $600,000 yacht club commission in exchange for a $600,000 tree credit. Although both parties pleaded and conceded the existence of a valid enforceable oral contract, the trial court sua sponte concluded the agreement lacked definite essential terms and entered judgment in equity. The appellate court held that because an enforceable express oral contract governed the transaction, unjust enrichment was unavailable as a matter of law, and Diaz was entitled to summary judgment on that count, leaving the breach of contract claim for the jury.
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