STATE OF FLORIDA, APPELLANT,
v.
TIMOTHY WILLIAM ARDAGNO, ANTHONY RAGNO AND MARK STEVEN TRINA, A/K/A MARK STEVEN TRAINA, APPELLEES

Fla. 4th DCA | 1981-09-16
No. 80-1491
MOORE, HERSEY and HURLEY, JJ., concur.
403 So. 2d 1097 Florida District Court of Appeal, Fourth District (1981) Caution
Cited by 36 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed on the authority of State v. Benitez, 395 So. 2d 514 (Fla.1981) and remanded for further proceedings.

REVERSED AND REMANDED.

MOORE, HERSEY and HURLEY, JJ., concur.


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  • …e does not, therefore, present the question as to whether a cause of action actually existed or whether the school board had, or should have, discovered the existence of a problem. Compare First Fed. Sav. & Loan Ass’n v. Dade Fed. Sav. & Loan Ass’n, 403 So. 2d 1097 (Fla. 5th DCA 1981), and Swagel v. Goldman, 393 So. 2d 65 (Fla. 3d DCA 1981), with the instant case. . Before this Court the school board also makes a claim of fraudulent concealment. The pleadings in the trial court do not set out such a claim as…
  • First Union Nat'l Bank v. Turney, 824 So. 2d 172 (Fla. 1st DCA 2001)
    …raudulent concealment which tolled the statute of limitations.”); Troiano v. Troiano, 549 So. 2d 1053, 1056 (Fla. 5th DCA 1989); Schafer v. Lehrer, 476 So. 2d 781, 783 (Fla. 4th DCA 1985); First Fed. Sav. & Loan Ass’n v. Dade Fed. Sav. & Loan Ass’n, 403 So. 2d 1097, 1100-01 (Fla. 5th DCA 1981); Hughes v. Consol-Pennsylvania Coal Co., 945 F. 2d 594, 617 n. 3 (3d Cir.1991) (holding attorney’s failure to disclose a conflict of interest was fraud supporting an award of damages). Constructive fraud is possible eve…
  • Helene A. Steigman v. Danese, 502 So. 2d 463 (Fla. 1st DCA 1987)
    …es that legal or equitable actions founded on fraud or deceit must be commenced within four years of discovery of the facts constituting the fraud. See First Federal Savings & Loan Association of Wisconsin v. Dade Federal Savings & Loan Association, 403 So. 2d 1097 (Fla. 5th DCA 1981). Although Counts I, II, and III are equitable actions for cancellation of deeds, and resulting and constructive trusts upon real property, the claims are founded upon misrepresentation and fraud. Thus, these counts, with Count I…

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