HEIDI D. YOUNG, PETITIONER,
v.
ROY TIMOTHY YOUNG, RESPONDENT
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PER CURIAM.
The former wife seeks certiorari review of two orders entered by the trial court in this postjudgment proceeding to set aside a property settlement agreement and final judgment of dissolution. The wife has alleged the former husband filed a fraudulent financial affidavit in the mediation which led to the settlement.
The first order for which the wife seeks review grants the husband’s motion to strike from the wife’s witness list two lawyers in husband’s attorney’s law firm. As the wife has failed to demonstrate irreparable injury that cannot be remedied on plenary appeal, we dismiss the petition as to this order. The second order denies the wife’s motion to disqualify the husband’s law firm from representing him. We deny certiorari as to this second order. WARNER, POLEN and GROSS, JJ., concur.
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Hotels OF KEY Largo, Inc. v. RHI Hotels, Inc., 694 So. 2d 74 (Fla. 3d DCA 1997)…l explanation. In HTP, Ltd. v. Lineas Aereas Costarricenses S.A., 661 So. 2d 1221 (Fla. 3d DCA 1995), this Court held that a claim for fraudulent inducement is an independent tort and thus not barred by the economic loss rule. See Wassall v. Payne, 682 So. 2d 678 (Fla. 1st DCA 1996); Jarmco, Inc. v. Polygard, Inc., 668 So. 2d 300 (Fla. 4th DCA), rev. granted, 678 So. 2d 339 (Fla.1996), and decision approved, 684 So. 2d 732 (Fla.1996); TGI Dev., Inc. v. CV Reit, Inc., 665 So. 2d 366 (Fla. 4th DCA), rev. grant…
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Mejia v. Jurich, 781 So. 2d 1175 (Fla. 3d DCA 2001)…rule does not bar recovery. HTP, Ltd. v. Lineas Aereas Costarricenses, S.A, 685 So. 2d 1238 (Fla.1996); La Pesca Grande Charters, Inc. v. Moran, 704 So. 2d 710 (Fla. 5th DCA 1998); Johns v. Ponto, 684 So. 2d 830 (Fla. 2d DCA 1996); Wassall v. Payne, 682 So. 2d 678 (Fla. 1st DCA 1996). Accordingly, we reverse and remand for reinstatement of plaintiffs’ complaints. . The claims against the other defendants remain pending before the trial court.…
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Cowley v. Nero, 693 So. 2d 120 (Fla. 2d DCA 1997)…that it requires proof of facts separate and distinct from the breach of contract; thus actions of fraudulent inducement into a contract and breach of that contract are not mutually exclusive. The First District then followed with Wassall v. Payne, 682 So. 2d 678, 681 (Fla. 1st DCA 1996), concluding: “Thus where, as here, fraudulent misrepresentation and negligent misrepresentation in the formation of a contract are alleged, the economic loss rule does not bar the tort action based on such misrepresentations…
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