JOHN EKBERG, CAROUSEL COCKTAIL LOUNGE AND RESTAURANT, INC., BUCHTAN, INC. AND UPTOWN CORPORATION, APPELLANTS,
v.
DMITRI A. BAKEEFF, A/K/A ANDY BAKEEFF, APPELLEE
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This case involves an appeal from a final judgment that set aside a release due to fraud and awarded damages. The appellate court affirmed the trial court's decision, finding sufficient evidence to support the findings.
Yes, there was sufficient competent evidence to support the trial court's findings and conclusions.
“The final judgment set aside a release executed by the plaintiff because it was procured through fraud and entered a money judgment for the amount found to be due the plaintiff from the defendant.”
Describes the trial court's judgment that is being appealed.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Bakeeff, sued the defendants, alleging fraud. The trial court found in favor of the plaintiff, setting aside a release executed by the …
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This appeal is from a final judgment wherein the trial judge sitting without a jury found that the plaintiff below, Ba-keff, had been defrauded by the defendant. The final judgment set aside a release executed by the plaintiff because it was procured through fraud and entered a money judgment for the amount found to be due the plaintiff from the defendant.
The case was submitted for determination by the trial judge in accordance with *278a stipulation between the parties under which they submitted various depositions and exhibits to him without the necessity of an actual trial.
On appeal the main thrust of the appellants is directed to the sufficiency of the evidence. Examination of the record and briefs on appeal reveals that there is sufficient, competent evidence to support the findings and conclusions of the trial court judge.
The final judgment herein appealed be and the same is, therefore,
Affirmed.
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Henson v. James M. Barker Co., Inc., 555 So. 2d 901 (Fla. 1st DCA 1990)…y occupied before the agreement was made. However, it would be premature to decide that issue on these pleadings. A release may be set aside by the court where the evidence is sufficient to establish it has been obtained by fraud. Ekberg v. Bakeeff, 213 So. 2d 277 (Fla. 3d DCA 1968). The general principles are well digested at 15A Am.Jur.2d, Compromise and Settlement § 29 (1976): Although compromises and settlements are generally favored by the law, a compromise induced by fraud may be invalidated just as re…