RHITA B. BEHRMAN INTERIORS, INC., AND RHITA B. BEHRMAN, INDIVIDUALLY, APPELLANTS,
v.
BRAMAN CADILLAC, INC., APPELLEE
Buy any new 1979 Cadillac
or 1979 Cadillac Demo...
Get a Brand New 1980
TOYOTA
TERCEL
FREE!
A careful examination of the pleadings conclusively establishes that there is no genuine triable issue as to any material facts, and that appellee is entitled to a judgment on the pleadings as a matter of law. Accordingly, the judgment appealed is affirmed. Williams v. Howard, 329 So. 2d 277 (Fla.1976); American Housing Systems Corp. v. Country Club of Miami Corp., 342 So. 2d 1026 (Fla. 3d DCA 1977); Barentine v. Clements, 328 So. 2d 878 (Fla. 2d DCA 1976); Bradham v. Hayes Enterprises, Inc., 306 So. 2d 568 (Fla. 1st DCA 1975).
Affirmed.
FERGUSON, Judge
(specially concurring).
While agreeing with the majority that plaintiff has no cause of action on a contract theory, I believe appellee’s advertisement, for failure to set forth the conditions in connection with the “free” automobile, is misleading and therefore violates state law. § 817.415, Fla.Stat. (1979).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- J. H. "Jim" Williams v. Howard, 329 So. 2d 277 (Fla. 1976)
- Wilda H. Bradham v. Hayes Enters., Inc., 306 So. 2d 568 (Fla. 1st DCA 1975)
- Barentine v. Clements, 328 So. 2d 878 (Fla. 2d DCA 1976)
- Am. Hous. Sys. Corp. v. Country Club OF Miami Corp., 342 So. 2d 1026 (Fla. 3d DCA 1977)