GEORGIA INDUSTRIAL REALTY CO.

v.

DUVAL CONNECTING RAILROAD CO.

Citator

Cited By (11 total)

• Atl. Nat'l Bank OF Fla. v. Vest, 480 So. 2d 1328 (Fla. 2d DCA 1985)
  …tion. Alexander/Davis Properties, Inc. v. Graham, 391 So. 2d 699 (Fla. 4th DCA), pet. for rev. denied, 408 So. 2d 1093 (Fla.1981); Joiner v. McCullers, 158 Fla. 562, 28 So. 2d 823 (1947); Kutner v. Kalish, 173 So. 2d 763 (Fla. 3d DCA), cert. denied, 183 So. 2d 210 (Fla.1965). We find two elements missing in Vest’s cause of action. First, the misrepresentation was not one of a material fact.3 A fact is material if, but for the alleged nondisclosure or misrepresentation, the complaining party would not have en…
• Raoul Vienneau v. Metro. Life Ins. Co., 548 So. 2d 856 (Fla. 4th DCA 1989)
  …In order to determine the existence of a cause of action, the trial court must examine the complaint’s allegations, taken as true, in light of the applicable substantive law. [*859] Kutner v. Kalish, 173 So. 2d 763, 765 (Fla. 3d DCA), cert. denied, 183 So. 2d 210 (Fla.1965). See also City of Gainesville Code Enforcement Board v. Lewis, 536 So. 2d 1148 (Fla. 1st DCA 1988); Thompson v. Martin, 530 So. 2d 495 (Fla. 2d DCA 1988). Florida has long adhered to the rule that an employment contract which does not pr…
• Helene A. Steigman v. Danese, 502 So. 2d 463 (Fla. 1st DCA 1987)
  …” Trawick, Fla.Prac. and Proc., s. 6-19 (1985). When fraud is relied upon, “the allegations relating thereto should be specific and the facts constituting the fraud clearly stated.” Kutner v. Kalish, 173 So. 2d 763, 764 (Fla. 3rd DCA), cert. denied, 183 So. 2d 210 (Fla. 1965). See also Fla.R.Civ.P. 1.120(b), which requires that the circumstances constituting fraud “shall be stated with such particularity as the circumstances may permit.” Count IV of the complaint incorporates the allegations of Count I, and…

Authorities Cited

• Ga. Indus. Realty Co. v. Duval Connecting R.R. Co., 175 So. 2d 70 (Fla. 1st DCA 1965)