KIRK A. WOODSON, PETITIONER,
v.
WILMA MARTIN, ET AL., RESPONDENTS

Fla. | 1996-10-17
No. 87057
KOGAN, C.J., and OVERTON, GRIMES, HARDING, WELLS and ANSTEAD, JJ„ concur.
685 So. 2d 1240 Florida Supreme Court (1996) Negative Treatment
Cited by 30 cases

Opinion of the Court
SHAW, Justice.

SHAW, Justice.

We have for review a decision on the following question certified to be of great public importance:

IS THE BUYER OF RESIDENTIAL PROPERTY PREVENTED BY THE “ECONOMIC LOSS RULE” FROM RECOVERING DAMAGES FOR FRAUD IN THE INDUCEMENT AGAINST THE REAL ESTATE AGENT AND ITS INDIVIDUAL AGENT REPRESENTING THE SELLERS?

Woodson v. Martin, 663 So. 2d 1327 (Fla. 2d DCA 1995). We have jurisdiction. Art. V, § 3(b)(4), Fla. Const. Our decision in HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So. 2d 1238 (Fla.1996), controls. We answer the certified question in the negative, quash Woodson, and remand for proceedings consistent with HTP. It is so ordered.

KOGAN, C.J., and OVERTON, GRIMES, HARDING, WELLS and ANSTEAD, JJ„ concur.


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Cited By (15 total)

  • …“unjustifiable reliance” jury instruction and a proposed verdict form. Accordingly, we approve the decision below. In an opinion being filed simultaneously with this one, we have quashed the Second District’s decision in Woodson. Woodson v. Martin, 685 So. 2d 1240 (Fla.1996). It is so ordered. KOGAN, C.J., and OVERTON, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.…
  • Philippe H. Moransais v. Heathman, 744 So. 2d 973 (Fla. 1999)
    …ugh there exists a beach of contract action. Where a contract exists, a tort action will lie for either intentional or negligent acts considered to be independent from acts that breached the contract. 685 So. 2d at 1239; see also Woodson v. Martin, 685 So. 2d 1240 (Fla.1996). We relied on this reasoning in PK Ventures, wherein we held that the economic loss rule did not preclude a cause of action by [*982] the buyer of commercial property against the seller’s broker for negligent misrepresentation. 690 So. 2d…
  • Delgado v. J.W. Courtesy Pontiac Gmc-Truck, Inc., 693 So. 2d 602 (Fla. 2d DCA 1997)
    …coexist with breach of contract claims, safe from the economic loss rule_ " Id. at 1240 (emphasis added) (approving reasoning of dissent in Woodson v. Martin, 663 So. 2d 1327, 1330 (Fla. 2d DCA 1995) (en banc) (Altenbernd, J., dissenting)), quashed, 685 So. 2d 1240 (Fla.1996). In resolving the issue before us, we acknowledge that our supreme court has mandated that we must strictly adhere to its judicial pronouncements, including those based on considerations of public policy, such as the economic loss rule.…

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