DK Arena, Inc. v. EB Acquisitions I, LLC

Although I agree that the Court has jurisdiction to consider this case, I disagree with the majority’s conclusion that the decision on review-DK Arena, Inc. v. EB Acquisitions I, LLC, 31 So.3d 313 (Fla. 4th DCA 2010) — is in express and direct conflict with Tanenbaum v. Biscayne Osteopathic Hospital, Inc., 190 So.2d 777 (Fla.1966). In DK Arena, the question involved the enforceability of an oral agree*100ment to “hold in abeyance” a requirement of an existing written contract. See DK Arena, 31 So.3d at 319. Tanenbaum is distinguishable because it involved an attempt to establish the…