DR. MASSOOD JALLALI, APPELLANT,
v.
NOVA SOUTHEASTERN UNIVERSITY, INC., APPELLEE
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Dr. Jallali appealed summary judgment dismissing his claims for fraudulent and negligent misrepresentation against Nova Southeastern University following his dismissal from its osteopathic medicine program. The court affirmed, holding that the university's representations to the examining board regarding his approval status were factually true, and no actionable misrepresentation occurred regardless of whether the underlying decisions were arbitrary.
The court held that the university was entitled to summary judgment because its representations regarding Jallali's approval status were factually true, and thus no misrepresentation occurred. Additionally, the written judgment was consistent with the oral ruling, merely providing more detailed findings and conclusions supporting the same decision.
[1] A misrepresentation claim requires a false statement concerning a material fact.
[2] A written summary judgment order is consistent with an oral ruling if it provides more detailed findings of fact and conclusions of law supporting the oral ruling.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“the defendant's affidavits established without genuine issue of material fact that, regardless of the reasoning behind its decisions as to the plaintiffs approval status, its representations of those decisions to the examining board were true”
Establishes that summary judgment was appropriate because the representations were factually accurate, making misrepresentation impossible as a matter of law
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Join FLexlaw to unlock all legal intelligenceDr. Jallali was dismissed from Nova Southeastern University's school of osteopathic medicine. After his dismissal, the university made representations…
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The plaintiffs third amended complaint alleged that the defendant committed fraudulent and negligent misrepresentation. Specifically, the plaintiff alleged that, after the defendant dismissed him from its school of osteopathic medicine, the defendant misrepresented to a national examining board as to whether he was “approved” or “not approved” to sit for a certification exam. The defendant moved for summary judgment on the basis that it had not made any misrepresentation. At the hearing on the motion, the circuit court orally granted the motion. The court then entered a written final judgment containing detailed findings of fact and conclusions of law supporting the oral ruling.
The plaintiff raises two arguments on appeal. First, the plaintiff argues that genuine issues of material fact remain regarding whether the defendant’s decisions as to his approval status were arbitrary and capricious and thereby constituted an actionable misrepresentation. Second, the plaintiff argues that the circuit court’s written final judgment was inconsistent with its oral ruling.
We affirm on both arguments. First, the defendant’s affidavits established without genuine issue of material fact that, regardless of the reasoning behind its decisions as to the plaintiffs approval status, its representations of those decisions to the examining board were true. Thus, the defendant was entitled to summary judgment on both of the plaintiffs claims. See Butler v. Yusem, 44 So.3d 102, 105 (Fla.2010) (first element of a fraudulent misrepresentation claim is “a false statement concerning a material fact”) (citation omitted); Fla. Women’s Med. Clinic, Inc. v. Sultan, *666656 So.2d 931, 933 (Fla. 4th DCA 1995) (first element of a negligent misrepresentation claim is “a misrepresentation of material fact”) (citation omitted).
Second, the circuit court’s written final judgment was not inconsistent with its oral ruling. The written final judgment merely provided more detailed findings of fact and conclusions of law supporting the oral ruling. See Carter v. Capri Ventures, Inc., 845 So.2d 942, 944 (Fla. 5th DCA 2003) (“Review of the record demonstrates that the written summary judgment order is consistent with the oral ruling issued by the trial court at the conclusion of the summary judgment hearing.”).
Affirmed.
WARNER and STEVENSON, JJ., concur.
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White v. Fort Myers Beach Fire Control Dist., 302 So. 3d 1064 (Fla. 2d DCA 2020)…is job upon the agreement's expiration if renegotiations were successful. Attorney Pringle made similar statements. Thus, no genuine issue of - 17 - material fact existed, and summary judgment was proper.6 See Jallali v. Nova Se. Univ., Inc., 55 So. 3d 665, 665 (Fla. 4th DCA 2011) ("[T]he defendant's affidavits established without genuine issue of material fact that . . . its representations of those decisions to the examining board were true. Thus, the defendant was entitled to summary judgment o…
Authorities Cited
- Butler v. Yusem, 44 So. 3d 102 (Fla. 2010)
- Hardy v. A-1 KEN Phillips Econ. Auto Sales, 656 So. 2d 931 (Fla. 4th DCA 1995)
- Carter v. Capri Ventures, Inc., 845 So. 2d 942 (Fla. 5th DCA 2003)