AUTOMOBILE SALES, INC., A FLORIDA CORPORATION, D/B/A TOYOTA AUTOMOBILE SALES, APPELLANT,
v.
FEDERATED MUTUAL IMPLEMENT AND HARDWARE INSURANCE COMPANY, APPELLEE
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Appellant, an automobile dealer, seeks review of an adverse summary final judgment in an action whereby the appellant sought to recover damages under a contract of insurance, based upon an alleged fraud perpetrated by a third party in the purchase of an automobile. The appellee contended the act complained of did not constitute a fraudulent transaction so as to afford coverage.
Ordinarily, the issue of fraud is not a proper subject of a summary judgment. Fraud 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 remanded for further proceedings consistent herewith.
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Cited By (20 total)
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Evelyn Amazon v. Davidson, 390 So. 2d 383 (Fla. 5th DCA 1980)…mary judgment since it 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. Automobile Sales, Inc. v. Federated Mutual Implement & Hardward Ins. Co., 256 So. 2d 386 (Fla. 3d DCA 1972).1 The essential elements of a fraudulent representation for which relief can be had are: (1) a false statement concerning a specific material fact; (2) the representor’s knowledge that the representation is false; (3)an intention…
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Hermes v. Anton, 300 So. 2d 46 (Fla. 3d DCA 1974)…a subtle thing requiring a full explanation of the facts and circumstances of the alleged wrong to determine if they collectively constitute a fraud. Automobile Sales, Inc. v. Federated Mutual Implement and Hardware Insurance Company, Fla.App. 1972, 256 So. 2d 386 and cases cited therein. After a careful examination of the record on appeal, we conclude that there exists a genuine issue of material fact as to whether or not the defendant-appellee had title to or, at the very least, was put on notice of the dat…
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Rosen v. David H. Zoberg, Law Offs. of David H. Zoberg, P.A., 680 So. 2d 1050 (Fla. 3d DCA 1996)…l 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. Automobile Sales, Inc. v. Federated Mut. Implement & Hardware Ins. Co., 256 So. 2d 386, 386 (Fla. 3d DCA 1972) (citations omitted); Stephens v. Kies Oil Co., Inc., 386 So. 2d 1289 (Fla. 3d DCA 1980). Additionally, we hold that the trial court abused its discretion in denying Ro-sen’s motions to stay Rosen II. The record demonstrates…
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- Alepgo Corp. v. Pozin, 114 So. 2d 645 (Fla. 3d DCA 1959)
- Harper v. State, 236 So. 2d 150 (Fla. 1st DCA 1970)
- Bryant v. Evans Small, 236 So. 2d 150 (Fla. 3d DCA 1970)