PEPIN & CAMPBELL INSURANCE CO.

v.

JOHNS

Citator

Cited By (16 total)

• Hillcrest Pac. Corp. v. Yamamura, 727 So. 2d 1053 (Fla. 4th DCA 1999)
  …the sale, is not a representation of a material fact that will justify the rescission and cancellation of a contract. Duvall v. Walton, 107 Fla. 60, 63, 144 So. 318, 319 (1932); Evans v. Gray, 215 So. 2d 40, 41-42 (Fla. 3d DCA 1968), cert. denied, 222 So. 2d 748 (Fla.1969). Assuming, however, for the sake of argument, that appellees misrepresented the price, Pacific nonetheless fails to allege the element of inducement. Pacific’s amended complaint does not set out any specific facts establishing how appell…
• Food Fair, Inc. v. Anderson, 382 So. 2d 150 (Fla. 5th DCA 1980)
  …t or existing fact, not an opinion, promise or statement of futurity. Sutton v. Gulf Life Ins. Co., 138 Fla. 692, 189 So. 828 (1939); Brod v. Jernigan, 188 So. 2d 575 (Fla. 2d DCA 1966); Evans v. Gray, 215 So. 2d 40 (Fla. 3d DCA 1968), cert. denied, 222 So. 2d 748 (Fla.1969); Stoler v. Metropolitan Life Ins. Co., 287 So. 2d 694 (Fla. 3d DCA 1974). The plaintiffs argue that England’s statement concerned an existing fact of company policy. We believe the jury properly could have found England’s statement to be…
• Harris v. Winn-Dixie Stores, Inc., 378 So. 2d 90 (Fla. 1st DCA 1979)
  …at it constitutes an abuse of discretion and “this heavy burden must be borne by the losing party . ” Eli Einbinder, Inc. v. Miami Crystal Ice Co., Fla. 3rd DCA 1975, 317 So. 2d 126; Popkin v. Crispen, Fla. 1st DCA 1968, 213 So. 2d 445, cert. denied 222 So. 2d 748. See also Reddish v. Forlines, Fla. 1st DCA 1968, 207 So. 2d 703. [*93] The trial court did not rely very heavily on the concept of the inherent power of the trial court to dismiss an action which is not being prosecuted with due diligence. It did a…

Authorities Cited

• Sherrod v. State, 215 So. 2d 796 (Fla. 4th DCA 1968)