JOEL RAHN, APPELLANT,
v.
RONALD R. COHEN, INDIVIDUALLY, AND COCONUT HOLDINGS, LTD., A CORPORATION, JOMARA MARINE, LTD., A CORPORATION, AJD TRUST, A CORPORATION, AND ERIC RAHN, INDIVIDUALLY, APPELLEES
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PER CURIAM.
Appellant, H. Joel Rahn, appeals from a jury verdict finding him liable to appellees, Ronald Cohen and Coconut Holdings, Inc., for breach of contract and fraud in the inducement. Appellant raises five points on appeal and we affirm on all five. Ap pellant contends there can be no breach of contract because there was no privity. We find it unnecessary to reach appellant’s privity issue because there was sufficient evidence to support a finding of liability for fraud in the inducement and the verdict for damages awarded to appellees did not differentiate between the claim for breach of contract and the claim for fraud in the inducement.
We also find that the economic loss rule does not. preclude recovery for the tort of fraud in the inducement because it is independent of the contractual breach. See HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So. 2d 1238 (Fla.1996).
AFFIRMED.
WARNER, C.J., HAZOURI, J., and BARKDULL, THOMAS H., Ill, Associate Judge, concur.
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Daniels v. State, 776 So. 2d 993 (Fla. 4th DCA 2001)…ss, and failing to investigate and explain the potential defense of voluntary intoxication, to have been sufficient factually and legally. See generally Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984); Cousino v. State, 762 So. 2d 1063 (Fla. 4th DCA 2000). We reverse and remand for attachment of portions of the record which conclusively refute these claims, or for an evidentia-ry hearing thereon. We find claim three to be without merit, and therefore affirm the trial court’s sum…
Authorities Cited
- HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So. 2d 1238 (Fla. 1996)