GREGORY GORDON, APPELLANT,
v.
MAYFAIR BUILDERS, INC., A FLORIDA CORPORATION, MAYFAIR PROPERTIES UNLIMITED, INC. AND KATHY BALDWIN, APPELLEES
Explore caselaw by topic → Browse Duty To Disclose cases and more on FLexlaw
FARMER, Judge.
The sole issue requiring discussion concerns the order dismissing the negligence action against real estate broker Kathy Baldwin. We reverse that order because there was no determination on the merits as to whether Baldwin’s statements constituted negligent misrepresentations. See Bush v. Palermo Realty, Inc., 443 So. 2d 104 (Fla. 4th DCA 1983). On remand, the trial court is authorized and directed to consider only the claim solely against Kathy Baldwin on the merits. In so doing the court may make its determination on the basis of the evidence already adduced at the earlier trial, or it may take such additional evidence as it believes necessary and proper to make a final decision on the merits of the negligent misrepresentation claim.
In all other respects, we affirm on all issues raised on this appeal.
AFFIRMED IN PART; REVERSED IN PART AND REMANDED WITH DIRECTIONS.
GLICKSTEIN, C.J., and WARNER, J., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Roth v. Roth, 973 So. 2d 580 (Fla. 2d DCA 2008)…that homesteads are exempt from forced hens. A court can impose an equitable hen on homestead property when there is evidence of fraud or material misrepresentation. Bessemer v. Gersten, 381 So. 2d 1344, 1347 n. 1 (Fla. 1980); Greenberg v. Fontaine, 618 So. 2d 299, 301 (Fla. 2d DCA 1993); Sell v. Sell, 949 So. 2d 1108, 1112 (Fla. 3d DCA 2007) (noting that an equitable lien can be placed on and enforced against homestead property when “a plaintiff can establish fraud or ‘reprehensible conduct’ on the part of t…
-
Zureikat v. Alwad Al Shaibani, 944 So. 2d 1019 (Fla. 5th DCA 2006)…ulent or reprehensible conduct were used to invest in, purchase, or improve the homestead. See Smith v. Smith, 761 So. 2d 370, 372 (Fla. 5th DCA 2000); Dyer v. Beverly & Titile, P.A., 777 So. 2d 1055, 1059 (Fla. 4th DCA 2001); Greenberg v. Fontaine, 618 So. 2d 299, 301 (Fla. 2d DCA 1993); Whigham, 511 So. 2d at 718; see also Havoco of Am., Ltd. v. Hill, 790 So. 2d 1018 (Fla.2001) (discussing extensively the treatment of equitable liens on homestead property). More important, the Florida Supreme Court has held…
-
Svato Hieke v. Hieke, 782 So. 2d 443 (Fla. 4th DCA 2001)…of the Florida Constitution. The husband relies on cases which hold that a homestead is exempt from forced sale by a judgment creditor, except where there has been fraud. Whigham v. Muehl, 511 So. 2d 717 (Fla. 1st DCA 1987); Greenberg v. Fontaine, 618 So. 2d 299 (Fla. 2d DCA 1993). What the husband fails to recognize, however, is that in a dissolution proceeding, the court’s award of a special equity amounts to an ownership interest. In the present case, instead of awarding the wife a lien for a specific am…
Authorities Cited
- Bush v. Palermo Realty, Inc., 443 So. 2d 104 (Fla. 4th DCA 1983)