GETTINGER INVESTMENTS, INC., F/K/A CITY BUMPER, INC., JOHN F. GETTINGER AND KATHRYN GETTINGER, HIS WIFE, APPELLANTS/CROSS-APPELLEES,
v.
CITY BUMPER, INC., F/K/A J.R. BUMPER, INC., APPELLEE/CROSS-APPELLANT
PER CURIAM
Affirmed.
GLICKSTEIN, J., and GODERICH, MARIO P., Associate Judge, concur. ANSTEAD, J., specially concurs with opinion.
ANSTEAD, Judge,
specially concurring.
I agree that the trial court’s final judgment, which granted appellee’s claim for rescission of a purchase and sale contract for an ongoing business, should be affirmed. There is sufficient evidence to support rescission even though the parties could not be placed in the exact positions they occupied prior to the sale. See Mulle v. Scheiler, 484 So. 2d 47 (Fla. 5th DCA 1986); cf. Yanks v. Truly Nolen, Inc., 341 So. 2d 829 (Fla. 3d DCA 1977). Both sides have complained on appeal about various aspects of the court’s decision. In my view the trial court did the best it could under the circumstances, given the evidence presented by the parties.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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Silver v. Levinson, 648 So. 2d 240 (Fla. 4th DCA 1994)…by proving express malice or malice in fact. See Pledger v. Burnup & Sims, Inc. 432 So. 2d 1323, 1326-28 (Fla. 4th DCA 1983), review denied, 446 So. 2d 99 (Fla.1984); Axelrod v. Califano, 357 So. 2d 1048 (Fla. 1st DCA 1978); see also Cohen v. Spizz, 493 So. 2d 5 (Fla. 3d DCA 1986). It would likewise be premature, without any evidence before us other than the pleadings and affidavits, to make a determination that the recipients of the letter, acting in concert with defendant, were joint venturers so as to de…
Authorities Cited
- Thomas v. Mulle, 484 So. 2d 47 (Fla. 5th DCA 1986)
- Yanks v. Truly Nolen, Inc., 341 So. 2d 829 (Fla. 3d DCA 1977)