ROBERT W. PITTMAN, APPELLANT,
v.
SUNSHINE BANK, ET AL., APPELLEES
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The court affirmed dismissals of RICO, intentional infliction of emotional distress, and prima facie tort claims, but reversed the dismissal of a fraud count because the complaint adequately alleged knowledge of falsity, and reversed summary judgment on a claim to set aside a judgment based on fraud on the court because equitable relief does not require pleading monetary damages.
A fraud claim is adequately pleaded when the complaint alleges the representations were knowingly false, and a claim to set aside a judgment based on fraud on the court states a cause of action for equitable relief without requiring an allegation of monetary damages.
[1] A fraud claim is adequately pleaded when the complaint alleges that representations were knowingly false at the time they were made.
[2] A cause of action to set aside a judgment based on fraud on the court states a claim for equitable relief and does not require an allegation of monetary damages.
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Join FLexlaw to unlock all legal intelligenceRobert W. Pittman appealed from dismissals and summary judgments in a multi-count complaint against Sunshine Bank and others. The complaint included c…
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PER CURIAM.
Robert W. Pittman brings this appeal from a final judgment dismissing with prejudice Counts I-V of his amended complaint, and from a final summary judgment in favor of appellees on the remaining Counts VI and VII. We affirm, without further comment, the court’s dismissal of Counts I, II, and III alleging RICO violations, and Count V alleging intentional infliction of emotional distress. We also affirm the trial court’s entry of summary judgment in favor of appellees on Count VI alleging “prima facie tort.”
However, we reverse the court’s dismissal of Count IV alleging fraud. This count was dismissed on the basis that appellant had failed to allege appellees knew of the falsity of the representations they had made. In doing so, the court apparently overlooked the allegation contained in paragraph 32 of the complaint that the representations made were “knowingly false when made....” Accordingly, we reverse the dismissal of this count and remand for further proceedings.
In regard to Count VII, entitled “Action to Set Aside Judgment,” we note that the basis for the court’s granting summary judgment on this count was appellant’s failure to allege a claim for damages. However, we are persuaded that a cause of action is adequately stated for equitable relief, namely, to set aside the county court judgment based upon fraud on the court. Accordingly, a claim for monetary damages is not required.
AFFIRMED, in part, REVERSED, in part and REMANDED for further proceedings consistent with this opinion.
ALLEN and WEBSTER, JJ., concur. SMITH, J., concurs in part and dissents in part with written opinion.
SMITH, Judge,
concurring in part and dissenting in part.
I concur in the majority’s opinion and decision except as to Count IV of the complaint. As to Count IV, I would affirm the trial court’s dismissal for failure to state a cause of action.
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Johnson v. State, 632 So. 2d 692 (Fla. 1st DCA 1994)…PER CURIAM. AFFIRMED. See State v. Phillips, 575 So. 2d 1313 (Fla. 4th DCA 1991), review denied, 589 So. 2d 292 (Fla.1991); see also Stapleton v. State, 607 So. 2d 515 (Fla. 1st DCA 1992); Howard v. State, 588 So. 2d 673 (Fla. 1st DCA), review dismissed, 593 So. 2d 1052 (Fla.1991). SMITH, ALLEN and DAVIS, JJ., concur.…