CAPE COD TRUST CO., APPELLANT,
v.
CLAYTON S. WIXON ET AL., APPELLEES
CAPE COD TRUST CO., APPELLANT,
CLAYTON S. WIXON ET AL., APPELLEES
143 So. 2d 339
Florida District Court of Appeal, Second District (1962)
Caution
Cited by 14 cases
Opinion of the Court
Affirmed on authority of Bessemer Properties, Inc. v. Gamble, 1946, 158 Fla. 38, 27 So.2d 832; and Orange Brevard Plumbing & Heating Co. v. La Croix, Fla.1962, 137 So.2d 201.
It is fundamental that fraud and deceit, if not acted on or accompanied by injury, are moral, not legal wrongs. Stokes v. Victory Land Co., 1930, 99 Fla. 795, 128 So. 408, 409. See also Casey v. Welch, Fla.1951, 50 So.2d 124; Sutton v. Gulf Life Ins. Co., 1939, 138 Fla. 692, 189 So. 828; and Stephens v. Coon, 1937, 130 Fla. 42, 177 So. 191.
Affirmed.
' SHANNON, C. J., SMITH, J., and STEPHENSON, GUNTER, Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (14 total)
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Schaap v. Publix Supermarkets, Inc., 579 So. 2d 831 (Fla. 1st DCA 1991)…al gymnastics of constructing one inference upon another inference in a situation where, admittedly, the initial inference was not justified to the exclusion of all other reasonable [*835] inferences.” Id. at 733; Winn-Dixie Stores, Inc. v. Manning, 143 So. 2d 339, 342 (Fla. 2nd DCA 1962); Winn-Dixie Stores v. Gaines, 542 So. 2d 432 (Fla. 1st DCA 1989). Affirmed. ALLEN, J., concurs in result only. ERVIN, J., dissents with written opinion.…
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Marlowe v. Food Fair Stores OF Fla., Inc., 284 So. 2d 490 (Fla. 3d DCA 1973)…d Fair Stores, Inc. v. Trusell, Fla.1961, 131 So. 2d 730; Friedman v. Biscayne Restaurant, Inc., Fla.App. 1971, 254 So. 2d 831; Bates v. Winn-Dixie Supermarkets, Inc., Fla.App. 1966, 182 So. 2d 309; Winn-Dixie Stores, Inc. v. Manning, Fla.App. 1962, 143 So. 2d 339. We cannot agree. The established rule in this state is that if the dangerous condition of the premises is created by a servant or agent of the owner, or even if created by an outsider, and the condition is one which has existed for sufficient leng…
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Empire Fire & Marine Ins. Co. v. Black, 546 So. 2d 732 (Fla. 3d DCA 1989)…he trial court to cover the sued upon accident; this being so, there can be no claim for fraudulent misrepresentation because no legally cognizable damage was sustained by Black. Casey v. Welch, 50 So. 2d 124 (Fla.1951); Cape Cod Trust Co. v. Wixon, 143 So. 2d 339 (Fla. 2d DCA 1962); cf. George Hunt, Inc. v. Wash-Bowl, Inc., 348 So. 2d 910, 912-13 (Fla. 2d DCA 1977). Second, we must also reverse the attorney’s fee and cost order under review as clearly Black was not entitled to attor [*733] ney’s fees on th…
Previewing 3 of 14 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Stokes v. Victory Land Co., 99 Fla. 795 (Fla. 1930)
- Orange Brevard Plumbing & Heating Co. v. LA Croix, 137 So. 2d 201 (Fla. 1962)
- Bessemer Props. v. Robert Howard Gamble et ux., 158 Fla. 38 (Fla. 1946)
- Casey v. Welch, 50 So.2d 124 (Fla. 1951)
- Harriett J. Sutton v. Gulf Life Ins. Co., 138 Fla. 692 (Fla. 1939)
- Stephens v. Coon, 130 Fla. 42 (Fla. 1937)