CRAIG A. MARTIN, APPELLANT,

v.

FLORIDA PAROLE AND PROBATION COMMISSION, APPELLEE

Citator

Cited By

• Nystrom v. Cabada, 652 So. 2d 1266 (Fla. 2d DCA 1995)
  …ion. The relief for each of these theories of liability differs. In rescission, Cabada could return the property to the Nystroms in return for a refund of the purchase price, but could not elect that remedy and recover damages also. Niesz v. Gehris, 418 So. 2d 445 (Fla. 5th DCA 1982), review denied, 427 So. 2d 736 (Fla.1983). In fraud, damages are determined by the “benefit of the bargain” rule which awards as damages the difference between the actual value of the property and its value had the alleged facts…
• Keith v. Boraks, 483 So. 2d 560 (Fla. 4th DCA 1986)
  …e. We agree with this contention. It is axiomatic that a party, to be granted the right of rescission, must offer to place the other party in status quo ante, and if such restoration is impossible, the contract cannot be rescinded. Niesz v. Gehris, 418 So. 2d 445 (Fla. 5th DCA 1982) rev. denied, 427 So. 2d 736 (Fla.1983); Smith v. Chopman, 135 So. 2d 438 (Fla. 2d DCA 1961). Since the Borakses indisputably received the “extras” they bargained for, it was impossible to return the parties to the positions they…

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• Theron R. Durden v. Century 21 Compass Points, Inc., 541 So. 2d 1264 (Fla. 5th DCA 1989)
  …e in a deed at closing even if contained in the contract of sale because clearly they would be of no value or legal effect unless they did survive the closing and acceptance of deed which act they were given to induce. See generally Niesz v. Gehris, 418 So. 2d 445 (Fla. 5th DCA 1982), rev. denied, 427 So. 2d 736 (Fla.1983), and Sun First National Bank of Orlando v. Grinnell, 416 So. 2d 829 (Fla. 5th DCA 1982), rev. denied, 424 So. 2d 761 (Fla.1982). While we hold that the warranty contained in Lepeska’s “aff…

Authorities Cited

• McCLAIN v. Fla. Parole & Prob. Comm'n, 416 So. 2d 1209 (Fla. 1st DCA 1982)