January 30, 1989.
James A. Sheehan, James A. Sheehan, P.A., St. Petersburg, Fla., for defendant-appellant.
Edward Gerecke, Carlton, Fields, Ward, Emmanuel, Smith Cutler, Tampa, Fla., for plaintiff-appellee.
Appeal from the United States District Court for the Middle District of Florida.
Before RONEY, Chief Judge, COX, Circuit Judge, and MORGAN, Senior Circuit Judge.
This is a breach of contract action, the outcome of which partially turns on whether the district court properly held that the statute of frauds bars the enforcement of an alleged oral contract for the sole distributorship of the beer products of plaintiff.
We hold that the Florida Statute of Frauds, Fla.Stat. § 725.01, bars enforcement of an oral contract that was intended by the parties to last longer than a year, even though the contract could have been terminated for cause within a year. Khawly v. Reboul, 488 So.2d 856 (Fla. 3d D.C.A. 1986).
With this holding, we affirm the judgment of the district court in all respects for the reasons set forth in its order of November 9, 1987 (Case No. 84-1559 Civ-T-10; M.D.Fla.), attached hereto as an appendix.