JESSE P. GADDIS, APPELLANT,
v.
WILLIAM P. MCCOMAS, APPELLEE
Explore caselaw by topic → Browse Fraudulent Misrepresentation cases and more on FLexlaw
PER CURIAM.
This is an appeal from a final judgment requiring the appellant to return the deposit and consideration paid by the appellee for an option to purchase certain real property owned by the appellant. The basis of appellee’s claim was that the appellant had fraudulently withheld material information about the property prior to execution of the option agreement and a renewal thereof. Upon review of the record we are of the view that the appellee simply failed to prove a cause of action of misrepresentation against the appellant. Unlike the recent case of Besett v. Basnett, 389 So. 2d 995 (Fla.1980), the record here reflects no evidence of any fraudulent misrepresentations made by the appellant to the appellee.
Accordingly, the judgment of the trial court is reversed and remanded with directions that judgment be entered in favor of appellant.
ANSTEAD, BERANEK and HERSEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Cont'l Assurance Co. v. Benny Davis, 538 So. 2d 542 (Fla. 1st DCA 1989)…l v. Toca, 362 So. 2d 85 (Fla. 3d DCA 1978). The cases relied on by Davis to the effect that the trial court simply corrected the verdict, specifically Cory v. Greyhound Lines, Inc., 257 So. 2d 36 (Fla.1971) and Vigilant Insurance Company v. Keiser, 391 So. 2d 706 (Fla. 1st DCA 1980), are distinguishable. The supreme court in Cory specifically held that the court can correct verdicts only where it appears that the jury “incorrectly apportioned damages, erroneously transposed the amounts in consolidated action…
-
Gwynn v. Hirtler, 417 So. 2d 732 (Fla. 4th DCA 1982)…a matter of fact and law to establish that the appellant lessor was guilty of fraud or misrepresentation. We reverse and remand with instructions to enter judgment in favor of defendant/appellant, Susan Gwynn, upon authority of Gaddis v. McComas, 391 So. 2d 706 (Fla. 4th DCA 1980). See also: Hauben v. Harmon, 605 F. 2d 920 (5th Cir. 1979); Heis-ley v. First Bond and Mortgage Co., 103 Fla. 171, 138 So. 81 (1931); Tischler v. Robinson, 73 Fla. 638, 84 So. 914 (1920); In Re Estate of Donner, 364 So. 2d 742, F…
Authorities Cited
- Besett v. Basnett, 389 So. 2d 995 (Fla. 1980)