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PK Ventures, Inc. v. Raymond James & Associates, Inc.

PK Ventures, Inc. v. Raymond James & Associates, Inc., 690 So. 2d 1296 (Fla. 1997)
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Court
Supreme Court of Florida · State Highest Courts
Decided
April 3, 1997
Docket
No. 87404
Judges
Per Curiam
Citations
690 So. 2d 129622 Fla. L. Weekly Supp. 1751997 Fla. LEXIS 3291997 WL 151792

Opinion — Per Curiam

690 So.2d 1296 (1997)

PK VENTURES, INC., et al., Petitioners,

v.

RAYMOND JAMES & ASSOCIATES, INC., Respondent.

No. 87404.

Supreme Court of Florida.

April 3, 1997.

David G. Hanlon, Richard M. Zabak and Rebecca H. Steele of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for Petitioners.

Guy M. Burns and Bruce W. Barnes of Johnson, Blakely, Pope, Bokor, Ruppel & Burns, P.A., Tampa, for Respondent.

Roy D. Wasson, Miami, Florida; and Sheila Wolfson Moylan, Miami, for the Academy of Florida Trial Lawyers, Amicus Curiae.

PER CURIAM.

This is a petition to review Raymond James & Associates v. PK Ventures, Inc., 666 So.2d 174 (Fla. 2d DCA 1995), wherein the district court certified to the Supreme Court as a question of great public importance the same question certified in Woodson v. Martin, 663 So.2d 1327 (Fla. 2d DCA 1995). [1] Although the district court observed that Woodson involved the sale of residential property and this case involves the sale of commercial property, the court found the difference to be insignificant. PK Ventures, 666 So.2d at 175 . We agree and rephrase the question from Woodson :

*1297 IS THE BUYER OF COMMERCIAL PROPERTY (PETITIONERS) PREVENTED BY THE "ECONOMIC LOSS RULE" FROM RECOVERING DAMAGES FOR NEGLIGENT MISREPRESENTATION AGAINST THE SELLER'S BROKER (RESPONDENT)?

We have jurisdiction. [2] Art. V, § 3(b)(4), Fla. Const.

Our decision in Woodson v. Martin, 685 So.2d 1240 (Fla.1996), controls. [3] We answer the certified question in the negative, quash the decision below, and remand for proceedings consistent with Woodson.

It is so ordered.

KOGAN, C.J., and OVERTON, SHAW, GRIMES, HARDING, WELLS and ANSTEAD, JJ., concur.

NOTES

[1] Is the buyer of residential property (the appellant) prevented by the "economic loss rule" from recovering damages for fraud in the inducement against the real estate agent and its individual agent (the appellees) representing the sellers?

In Woodson v. Martin, 685 So.2d 1240 (Fla. 1996), we answered the certified question in the negative and quashed the district court decision.

[2] Once a court obtains jurisdiction, it has the discretion to consider any issue affecting the case. Cantor v. Davis, 489 So.2d 18, 20 (Fla. 1986); State v. Hutchins, 636 So.2d 552, 553 (Fla. 2d DCA 1994). Here, both the Second District and this Court obtained jurisdiction and thus discretion to consider the economic loss rule issue, even though it was not raised before the trial court.

[3] Our decision in Woodson was controlled by HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So.2d 1238 (Fla.1996), wherein we held that fraud in the inducement is an independent tort not barred by the economic loss rule.

How later courts describe this case

Explanatory parentheticals written by citing courts — 5 in all; the most informative distinct ones are shown.

Cited by 29 cases

View all citing references →
1997: 11998: 11999: 42000: 22001: 42002: 22003: 42004: 22008: 12011: 32013: 32022: 12025: 119972026peak 1999 · 4

Relies on it most ⓘ

  1. Florida State Board of Administration v. Law Engineering & Environmental Services, Inc.262 F. Supp. 2d 1004 (D. Minnesota 2003)
  2. MidAmerica C2L Incorporated v. Siemens Energy IncorporatedNo. 24-10678 (11th Cir. July 1, 2025)
  3. Tiara Condominium Ass'n v. Marsh & McLennan Companies110 So. 3d 399 (Fla. 2013)
  4. Moransais v. Heathman744 So. 2d 973 (Fla. 1999)
  5. Comptech Intern., Inc. v. Milam Commerce Park, Ltd.753 So. 2d 1219 (Fla. 1999)
  6. Aprigliano v. American Honda Motor Co.979 F. Supp. 2d 1331 (S.D. Fla. 2013)

Most recent

  1. MidAmerica C2L Incorporated v. Siemens Energy IncorporatedNo. 24-10678 (11th Cir. July 1, 2025)
  2. Hackler v. General Motors LLCNo. 2:21-cv-00019 (S.D. Ga. Jan. 28, 2022)
  3. Aprigliano v. American Honda Motor Co.979 F. Supp. 2d 1331 (S.D. Fla. 2013)
  4. Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc.714 F.3d 1253 (11th Cir. 2013)
  5. Tiara Condominium Ass'n v. Marsh & McLennan Companies110 So. 3d 399 (Fla. 2013)
  6. Bennett v. St. Vincent's Medical Center, Inc.71 So. 3d 828 (Fla. 2011)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 6

DepthCaseCited by
Woodson v. Martin, 663 So. 2d 1327 (Fla. Dist. Ct. App. 1995) 32
Woodson v. Martin, 685 So. 2d 1240 (Fla. 1996) 19
Raymond James & Ass'n v. Pk Ventures, 666 So. 2d 174 (Fla. Dist. Ct. App. 1995) 4
HTP, Ltd. v. Lineas Aereas Costarricenses, 685 So. 2d 1238 (Fla. 1996) 185
Cantor v. Davis, 489 So. 2d 18 (Fla. 1986) 25
State v. Hutchins, 636 So. 2d 552 (Fla. Dist. Ct. App. 1994) 7

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