Winning Ticket

The Florida Supreme Court agreed with a litigant who claimed a share of a winning lottery ticket that his asserted contention fell outside the statute of frauds requirement of a writing.

Petitioner Howard Browning and Respondent Lynn Anne Poirier lived together in a romantic relationship beginning in 1991. In approximately 1993, the parties entered into an oral agreement in which they each agreed to purchase lottery tickets and to equally share in the proceeds of any winning lottery tickets. On June 2, 2007, Poirier purchased a winning ticket and “collected one million dollars minus deductions for taxes.” When Browning requested half of the proceeds, Poirier refused, and Browning filed the underlying suit for breach of an oral contract and unjust enrichment. However, Poirier denied the existence of any oral agreement to split lottery proceeds and raised the defense of the statute of frauds. 

Holding

Because the oral agreement between Browning and Poirier could have possibly been performed within one year, it falls outside the statute of frauds. Accordingly, we answer the rephrased question in the negative. We quash the Fifth District’s decision and remand for further proceedings.

(Mike Frisch)