WATSON REALTY CORPORATION, A FLORIDA CORPORATION, AND TERRI MURPHY, APPELLANTS,
v.
THOMAS F. QUINN AND NANCY A. QUINN, HIS WIFE, APPELLEES
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ROBERT P. SMITH, Jr., Judge.
We affirm the trial court’s judgment for plaintiffs entered upon a jury verdict on this claim for damages resulting from alleged fraudulent misrepresentations of material facts in connection with plaintiffs’ purchase of a home. In doing so we adhere to Sprayberry v. Sheffield Auto and Truck Service, Inc., 422 So. 2d 1073 (Fla. 1st DCA 1982), pet. rev. vol. dism., 427 So. 2d 738 (Fla.1983), holding that plaintiff’s burden of proof is that of a preponderance or greater weight of the evidence. The instruction to this jury was therefore correct. In our view the reference in Canal Authority v. Ocala Manufacturing, Ice and Packing Co., 332 So. 2d 321, 327 (Fla.1976), to “clear and convincing” evidence of fraud is not the Supreme Court’s holding in that decision, but is obiter dicta not intended to be decisive of the issue. As we did in Sprayberry, we again make our view of Canal’s language explicit so that, if we have misconceived the effect of Canal, that error may be remedied by the Supreme Court in due course.
AFFIRMED.
SHIVERS and NIMMONS, JJ., concur.
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Cited By
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Wieczoreck v. H & H Builders, Inc., 450 So. 2d 867 (Fla. 5th DCA 1984)…l. Initially, we note that there is a divergence of opinion on this point in the decisions of the various district courts of appeal and the Florida Supreme Court. Compare Rigot v. Bucci, 245 So. 2d 51 (Fla.1971); Watson Realty Corporation v. Quinn, 435 So. 2d 950 (Fla. 1st DCA 1983); Sprayberry v. Sheffield Auto & Truck Service, 422 So. 2d 1073 (Fla. 1st DCA 1982), review dismissed, 427 So. 2d 738 (Fla.1983); Blaeser Development Corp. v. First Federal Savings and Loan Association, 375 So. 2d 1118 (Fla. 4th D…
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Watson Realty Corp. v. Quinn, 452 So. 2d 568 (Fla. 1984)…PER CURIAM. Petitioners seek review of Watson Realty Corp. v. Quinn, 435 So. 2d 950 (Fla. 1st DCA 1983) on the ground of conflict with Canal Authority v. Ocala Manufacturing, Ice and Packing Co., 332 So. 2d 321 (Fla.1976). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const. This case presents a question of law as to whether, in…
Authorities Cited
- Dianne D. and David L. Sprayberry v. Sheffield Auto & Truck Serv., Inc., 422 So. 2d 1073 (Fla. 1st DCA 1982)
- The Canal Auth. of the State of Fla. v. Ocala Mfg., 332 So. 2d 321 (Fla. 1976)