ROBERT ORTIZ AND WIFE, SANDRA ORTIZ, APPELLANTS,
v.
ORCHID SPRINGS DEVELOPMENT CORPORATION, A FLORIDA CORPORATION, AND BAY TREE MANAGEMENT COMPANY, A FLORIDA CORPORATION, APPELLEES
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The court held that Count I sufficiently alleged fraudulent misrepresentation, but Count II did not. The dismissal of Count I was reversed, while the dismissal of Count II was affirmed.
Plaintiffs appealed the dismissal of their amended complaint. Count I alleged fraudulent misrepresentation by Orchid Springs Development Corporation, …
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PER CURIAM.
Plaintiffs appeal from the dismissal of both counts of their complaint against defendants for damages and other relief. The dismissal was of plaintiffs’ amended complaint with leave to amend. Plaintiffs chose to stand on the allegations of the amended complaint.
As to Count I, we conclude under the principles of notice pleading that that count can be taken as having alleged fraudulent misrepresentation by Orchid Springs Development Corporation.
There was in the contract a so-called merger, or integration, clause which provided that no agreements were binding upon the parties unless incorporated in the contract. However, “oral agreements or representations may be introduced into evidence to prove that a contract was procured by fraud notwithstanding such a merger clause.” Nobles v. Citizens Mortgage Corp., 479 So. 2d 822 (Fla. 2d DCA 1985); Cas-Kay Enterprises, Inc. v. Snapper Creek Trading Center, Inc., 453 So. 2d 1147 (Fla. 3d DCA 1984).
As to Count II which concerns alleged misrepresentations by defendant Bay Tree Management Company, we conclude that fraudulent misrepresentation was not alleged. There is no allegation of any misrepresentation known by that defendant to have been false. Accordingly, the foregoing merger clause controls, and the dismissal of Count II is affirmed.
The order of dismissal is reversed in part, affirmed in part and the cause is remanded for further proceedings.
SCHEB, A.C.J., and RYDER and LEHAN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
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Wasser v. Sasoni, 652 So. 2d 411 (Fla. 3d DCA 1995)…defenses to claims of fraud, particularly where, as in the instant case, there are no allegations or evidence that the contract itself was induced by fraud. See Cassara v. Bowman, 136 Fla. 302, 186 So. 514 (1939); Ortiz v. Orchid Springs Dev. Corp., 504 So. 2d 510 (Fla. 2d DCA 1987); Weiss v. Cherry, 477 So. 2d 12 (Fla. 3d DCA 1985), review denied, 488 So. 2d 69 (Fla.1986); No-Risk Chem. Co. v. El-Kerdi, 453 So. 2d 482 (Fla. 2d DCA 1984); Coble v. Lekanidis, 372 So. 2d 506 (Fla. 1st DCA 1979). In conclusion,…
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Mejia v. Jurich, 781 So. 2d 1175 (Fla. 3d DCA 2001)…purports to make oral agreements not incorporated into the written contract unenforceable, does not affect oral representations which are alleged to have fraudulently induced a person to enter into the agreement. Ortiz v. Orchid Springs Dev. Corp., 504 So. 2d 510 (Fla. 2d DCA 1987); Nobles v. Citizens Mortgage Corp., 479 So. 2d 822 (Fla. 2d DCA 1985); Cas-Kay Enters., Inc. v. Snapper Creek Trading Ctr., Inc., 453 So. 2d 1147 (Fla. 3d DCA 1984). And, when fraudulent misrepresentations in the formation of the…
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Thomason v. KW Resort Utils. Corp., 510 So. 2d 605 (Fla. 3d DCA 1987)…PER CURIAM. Affirmed. Cassara v. Bowman, 136 Fla. 302, 186 So. 514 (1939); Ortiz v. Orchid Springs Development Corp., 504 So. 2d 510 (Fla. 2d DCA 1987); Weiss v. Cherry, 477 So. 2d 12 (Fla. 3d DCA 1985), review denied, 488 So. 2d 69 (Fla.1986).…
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Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Nobles v. Citizens Mortg. Corp., 479 So. 2d 822 (Fla. 2d DCA 1985)
- Cas-Kay Enters., Inc. v. Snapper Creek Trading Ctr., Inc., 453 So. 2d 1147 (Fla. 3d DCA 1984)