HOWARD C. HOPPS, APPELLANT,
v.
KIP A. SMITH, ET AL., APPELLEES
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COBB, Judge.
Based on Dickson v. Dunn, 399 So. 2d 447 (Fla. 5th DCA 1981), we reverse the award of attorney’s fees to appellees, Kip and Robin R. Smith. The lower court improperly determined that the litigation arose out of a contract for sale and purchase. In actuality, the cause of action asserted in this case was for alleged misrepresentation in the inducement of that contract. A misrepresentation action does not arise out of the contract itself; thus, there is no basis for an award of fees. See also Location 100, Inc. v. Gould S.E.L. Computer Systems, Inc., 517 So. 2d 700 (Fla. 4th DCA 1987); Keys Lobster, Inc. v. Ocean Divers, Inc., 468 So. 2d 360 (Fla. 3d DCA), review denied, 480 So. 2d 1295 (Fla.1985). Accordingly, the judgment entered below is
REVERSED.
DAUKSCH and ORFINGER, JJ., concur.
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Caufield v. Gino Cantele, 837 So. 2d 371 (Fla. 2002)…contract.” Id. at 437. We disagree with this reasoning and find that claims of fraudulent misrepresentation concerning the subject matter of the contract do “arise out of the contract.” The Fifth District relied on its decisions in Hopps v. Smith, 520 So. 2d 673 (Fla. 5th DCA), review denied, 529 So. 2d 695 (Fla. 1988), and Dickson v. Dunn, 399 So. 2d 447 (Fla. 5th DCA 1981), in reaching the decision in this case. See Canfield, 745 So. 2d at 436. In Dickson, the court found that buyers suing for misrepresen…
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Ines Collia Kelly v. Tworoger, 705 So. 2d 670 (Fla. 4th DCA 1998)…misrepresentation “arose out of the alleged misrepresentation inducing [one party] to enter into the sales contract and not out of the contract itself.” See also Fleischer v. Hi-Rise Homes, Inc., 536 So. 2d 1105 (Fla. 4th DCA 1988); Hopps v. Smith, 520 So. 2d 673 (Fla. 5th DCA 1988). Unlike Location 100 and Dickson, this case involves not fraudulent misrepresentation, but non-disclosure under Johnson. Whether seeking rescission or damages, a Johnson action arises from a breach of a duty imposed by the law o…
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Pharmacy Mgmt. Servs., Inc. v. Perschon, 622 So. 2d 75 (Fla. 2d DCA 1993)…a cause of action for alleged misrepresentation in the inducement of a contract does not arise out of the contract itself; thus, there is no basis for an award of attorney’s fees to a party who prevails on such a cause of action. See Hopps v. Smith, 520 So. 2d 673 (Fla. 5th DCA 1988). The appellant argues that because the arbitration award in this case did not specify whether the amounts awarded to the appel-lees were based on the fraudulent inducement claims or the breach of contract claims, or both, the tri…
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- Keys Lobster, Inc. v. Ocean Divers, Inc., 468 So. 2d 360 (Fla. 3d DCA 1985)
- M. Alex Dickson et ux. v. John G. Dunn et ux., 399 So. 2d 447 (Fla. 5th DCA 1981)
- Location 100, Inc. v. Gould S.E.L. Computer Sys., Inc., 517 So. 2d 700 (Fla. 4th DCA 1987)
- Arnett Lofton v. State, 517 So. 2d 700 (Fla. 5th DCA 1987)