DAVID PINZL AND DIANA PINZL, APPELLANTS,
v.
DONALD LAPOINTE AND DELIAH LAPOINTE, APPELLEES
Explore caselaw by topic → Browse Reliance On Misrepresentation cases and more on FLexlaw
SHARP, Judge.
We reverse this judgment which dismissed appellants’ amended complaint for failure to state a cause of action in fraud or misrepresentation. The lower court ruled that, because the complaint alleged the appellants knew of a discrepancy between the accountant’s figures on gross income and the appellees’ figures, as a matter of law they waived their claim against appellees. Reliance on misrepresentations and a duty to inquire are usually determinations for the trier of fact.1 Here the complaint further alleged that the appellants were repeatedly assured that the appellees’ figures on gross income were correct — not the accountant’s. Accordingly, the judgment is reversed and this cause remanded.
REVERSED AND REMANDED.
DAUKSCH, J., and BROWNLEE, JACKSON 0., Associate Judge, concur. . See, e.g., Regnvall v. Sayle, 45 So. 2d 674 (Fla.1950); Butts v. Dragstrem, 349 So. 2d 1205 (Fla. 1st DCA 1977); Cath-Art Products Co., Inc. v. Bornman, 260 So. 2d 885 (Fla. 3d DCA 1972); Gonzalez v. Patane, 234 So. 2d 8 (Fla. 3d DCA 1970); Warner v. Harris Miami Beach, Inc., 219 So. 2d 93 (Fla. 3d DCA 1969).
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Thor Bear, Inc. v. Crocker Mizner Park, Inc., 648 So. 2d 168 (Fla. 4th DCA 1994)…position and presumed knowledge of the traffic flow cycles, the jury could reasonably conclude that appellant’s reliance was justifiable. As appellant indicates, a determination of reliance is typically left to the trier of fact. Pinzl v. Lapointe, 426 So. 2d 65 (Fla. 5th DCA 1983).2 In sum, although a different jury may have come to a different conclusion, there was evidence presented upon which the jury could reasonably conclude that appellant established the elements of fraudulent misrepresentation in t…
-
Young v. Johnson, 538 So. 2d 1387 (Fla. 2d DCA 1989)…material fact, such as whether the Youngs acted in reliance on Tankersley’s alleged statements. See Johnson; Besett v. Basnett, 389 So. 2d 995 (Fla.1980); H & W Enters., Inc. v. Ellis, 467 So. 2d 790 (Fla. 1st DCA 1985). See also, Pinzl v. Lapointe, 426 So. 2d 65 (Fla. 5th DCA 1983). In light of the many issues of material fact in this case, the appellees clearly did not carry their burden of demonstrating that the Youngs could not prevail. See Snyder. See also, Richards v. Wax, 511 So. 2d 433 (Fla. 2d DCA…
-
S & S AIR Conditioning Co. v. Freire, 555 So. 2d 387 (Fla. 3d DCA 1989)…manded. . The existence of an agency relationship is a question of fact. Scott v. Sun Bank of Volusia County, 408 So. 2d 591, 593 (Fla. 5th DCA 1981). . Whether there was reliance on the misrepresentations is a question of fact. Pinzl v. Lapointe, 426 So. 2d 65 (Fla. 5th DCA 1983). . An agent acting in the course of his employment is individually liable for fraudulent representations. Shee-Con, Inc. v. Al Seim Appraisal Serv., Inc., 427 So. 2d 311, 312 (Fla. 5th DCA 1983) (citations omitted).…
Previewing 3 of 5 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Butts v. Dragstrem, 349 So. 2d 1205 (Fla. 1st DCA 1977)
- Gonzalez v. Patane, 234 So. 2d 8 (Fla. 3d DCA 1970)
- Warner v. Harris Miami Beach, Inc., 219 So. 2d 93 (Fla. 3d DCA 1969)
- Cath-Art Prods. Co., Inc. v. Bornman, 260 So. 2d 885 (Fla. 3d DCA 1972)