In 1993, Mr. Browning and Ms. Poirier entered into an agreement to split any lottery winnings that either purchased. This agreement was to last as long as both Mr. browning and Ms. Poirier were involved in a romantic relationship. In 2007 and while in a romantic relationship, Ms. Poirier purchased a winning lottery ticket with a dollar given to her by Mr. Browning. The ticket purchased lead to a one million dollar jackpot. Ms. Poirier denied the existence of any lottery sharing agreement. Mr. Browning asserted a binding oral contract and unjust enrichment. The Court 5th District Court of Appeals affirmed the lower courts directed verdict that the statute of frauds barred any claim for breach of an oral contract. In reaching its decision, the court followed Yates v. Ball, 181 So. 341 (Fla. 1937). No action shall be bought upon an agreement that is not to be performed within one year from the date of entering into the contract unless it is in writing. Id. at 344. However, the 5th District Court of Appeal remanded the issue of unjust enrichment to the trial court to for further court proceedings.