TRAVEL INTERNATIONALE, LTD., A FOREIGN CORPORATION, APPELLANT,
v.
GEORGE E. BATCHELOR AND INTERNATIONAL AERODYNE, INC., A DELAWARE CORPORATION, APPELLEES
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This case involves a plaintiff suing for misrepresentation and breach of lease. The appellate court affirmed the trial court's grant of summary judgment for the defendants, finding no genuine issues of material fact.
Yes, the defendants conclusively demonstrated that there is no genuine issue of fact and that they are entitled to judgment as a matter of law.
“Whether the defendants, as the moving parties, have conclusively demonstrated that there is no genuine issue of fact and that they are entitled to judgment as a matter of law.”
This quote states the central issue on appeal regarding the propriety of summary judgment.
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Join FLexlaw to unlock all legal intelligenceThe plaintiff, Travel Internationale, Ltd., sued the defendants for misrepresentation in the inducement of a lease and for breach of that lease. After…
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The appellant was the plaintiff below and brought an action against the appellees for misrepresentation in the inducement of a lease, for breach of the resulting lease, and for damages caused thereby. After the initial pleadings were filed and discovery had been taken, the defendants moved for summary • judgment, and the trial court granted said motion. Thus, the issue on appeal is: Whether the defendants, as the moving parties, have conclusively demonstrated that there is no genuine issue of fact and that they are entitled to judgment as a matter of law.
We have carefully examined the record and exhibits therein, and have concluded that the circuit judge was correct in entering his order of summary judgment. See Sawyer Industries v. Advertects, Inc., Fla.1951, 54 So.2d 692. The trial judge determined that on the undisputed facts before him no misrepresentation or fraudulent inducement was demonstrated and that the defendant did not breach its lease with the plaintiff.
Affirmed.
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Travel Internationale, Ltd. v. Batchelor, 234 So. 2d 648 (Fla. 1970)…CARLTON, Justice. Certiorari was granted in this cause to review the decision of the District Court of Appeal, Third District (224 So. 2d 453), on the grounds of probable conflict with the opinion of this Court given in Holl v. Talcott, 191 So. 2d 40 (Fla.1966). After hearing oral arguments and examining the briefs and the record, we have concluded that no conflict exists and that the wri…