JASON M. CHAPNICK, APPELLANT,
v.
WILLIAM KENT COLEMAN, A/K/A W.K. COLEMAN AND VIRGINIA B. EYSTER, APPELLEES

Fla. 4th DCA | 1985-12-04
No. 85-995
LETTS and GLICKSTEIN, JJ., concur., ANSTEAD, J., dissents with opinion.
481 So. 2d 931 Florida District Court of Appeal, Fourth District (1985) Caution
Cited by 35 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Affirmed.

LETTS and GLICKSTEIN, JJ., concur.

ANSTEAD, J., dissents with opinion.

Dissent
ANSTEAD, Judge,

ANSTEAD, Judge,

dissenting:

Despite the apparent absence of merit to appellant’s claim, I believe he was entitled to an evidentiary hearing.

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Citator

Cited By (18 total)

  • Raimi v. Furlong, 702 So. 2d 1273 (Fla. 3d DCA 1997)
    …n pursuance of the conspiracy, and (d) damage to plaintiff as a result of the acts done under the conspiracy. See Florida Fern Growers Assoc., Inc. v. Concerned Citizens of Putnam County, 616 So. 2d 562, 565 (Fla. 5th DCA 1993); Nicholson v. Kellin, 481 So. 2d 931, 935 (Fla. 5th DCA 1985). Additionally, an actionable conspiracy requires an actionable underlying tort or wrong. See Florida Fern Growers, 616 So. 2d at 565; Wright v. Yurko, 446 So. 2d 1162, 1165 (Fla. 5th DCA 1984). Thus, a cause of action for c…
  • Charles v. Fla. Foreclosure Placement Ctr., LLC., 988 So. 2d 1157 (Fla. 3d DCA 2008)
    …38, 342 (Fla. 4th DCA 1994) (observing that an “[ajgreement is a necessary element of the crime of conspiracy, which is defined as an express or implied agreement of two or more persons to engage in a criminal or unlawful act”); Nicholson v. Kellin, 481 So. 2d 931, 935 (Fla. 5th DCA 1985) (stating that “[a] conspiracy is a combination of two or more persons by concerted action to accomplish an unlawful purpose or to accomplish some purpose by unlawful means”). Each coconspirator need not act to further a cons…
  • Gutter v. Wunker, 631 So. 2d 1117 (Fla. 4th DCA 1994)
    …, 551 (1977). Furthermore, where a party in an arm’s length transaction undertakes to disclose in [*1119] formation, all material facts must be disclosed. Vokes v. Arthur Murray, Inc., 212 So. 2d 906 (Fla. 2d DCA 1986). See also Nicholson v. Kellin, 481 So. 2d 931 (Fla. 5th DCA 1985) and Ramel v. Chasebrook Const. Co., 135 So. 2d 876 (Fla. 3d DCA 1976). We hold that appellants’ complaint, although inartfully drawn, contains sufficient allegations to state a cause of action for fraud. Accordingly, we reverse…

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