ROBERT REGINALD HARPER, APPELLANT,

v.

THE STATE OF FLORIDA, APPELLEE

Citator

Cited By (11 total)

• Salomon Kassin Nessim v. Mickey DeLOACHE, 384 So. 2d 1341 (Fla. 3d DCA 1980)
  …narily a proper subject for summary judgment because, being a subtle matter, fraud requires a full explanation of the facts and circumstances of the alleged wrong to permit a determination whether they collectively constitute fraud, Bryant v. Small, 236 So. 2d 150 (Fla. 3d DCA 1970); Alepgo Corporation v. Pozim, 114 So. 2d 645 (Fla. 3d DCA 1959), cert. denied 117 So. 2d 842 (Fla.1960), and for that reason such determination is seldom one that can be made in a legally sufficient manner without a trial. Alepgo…
• Burton Levey v. Getelman, 408 So. 2d 663 (Fla. 3d DCA 1981)
  …). Our determination that summary judgment was improvidently granted in this case is buttressed by the fact that fraud is not ordinarily a suitable subject for summary judgment Nessim v. DeLoache, 384 So. 2d 1341 (Fla. 3d DCA 1980); Bryant v. Small, 236 So. 2d 150 (Fla. 3d DCA 1970). Unresolved questions also exist relative to whether Getelman owed a fiduciary duty to Levey as manager of their mutual financial interests and whether Getelman’s actions were a breach of this duty. See Donahue v. Davis, 68 So. 2…
• Auto. Sales, Inc. v. Federated Mut. Implement & Hardware Ins. Co., 256 So. 2d 386 (Fla. 3d DCA 1972)
  …raud is a subtle thing, requiring a full explanation of the facts and circumstances of the alleged wrong to determine if they collectively constitute a fraud. Alepgo Corporation v. Pozin, Fla.App. 1959, 114 So. 2d 645; Bryant v. Small, Fla.App.1970, 236 So. 2d 150. While there may be some unusual circumstances permitting entry of a summary judgment, the record in the case sub judice does not present that unique situation which would permit entry of a summary judgment. Therefore, we reverse. Reversed and rema…

Authorities Cited

• Miller v. State, 220 So. 2d 652 (Fla. 3d DCA 1969)