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TGI DEVELOPMENT v. CV Reit, Inc.

TGI Dev. v. CV Reit, Inc., 665 So. 2d 366 (Fla. Dist. Ct. App. 1996)
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Court
District Court of Appeal of Florida · State Appellate Courts
Decided
January 3, 1996
Docket
No. 94-2749
Judges
Farmer
Citations
665 So. 2d 3661996 WL 1104
Cited by 10 2 descriptions by later courts

Opinion

665 So.2d 366 (1996)

TGI DEVELOPMENT, INC., aPPELLANT,

v.

CV REIT, INC., a Delaware Corporation f/k/a Cenvill Investors, Inc., H. Irwin Levy; and Boca Grove, Ltd., through its General Partner, La Bonte Diversified Development, Inc., Appellees.

No. 94-2749.

District Court of Appeal of Florida, Fourth District.

January 3, 1996.

Joel D. Eaton of Podhurst, Orseck Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, and Searcy, Denney, Scarola, Barnhart & Shipley, P.A., West Palm Beach, for appellant.

John Beranek of Macfarlane, Ausley, Ferguson & McMullen, Tallahassee, and J. Michael Burman of Burman & Critton, North Palm Beach, for appellees.

FARMER, Judge.

TGI Development, Inc., appeals from a final summary judgment in which the trial court found that its common law fraud claim was barred by the economic loss rule. We reverse.

Fraud in the inducement, even when only economic losses are sought to be recovered, is the kind of independent tort that is not barred by the economic loss rule. HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 661 So.2d 1221 (Fla. 3d DCA Sept. 22, 1995); but see Woodson v. Martin, 663 So.2d 1327 (Fla. 2d DCA 1995) (common law fraud in the inducement claim seeking only economic losses is barred by economic loss rule.) [1] However inartfully pleaded, we find that TGI's complaint sufficiently alleged a claim for common law fraud in the inducement. [2] *367 Therefore, it was error to grant summary judgment in favor of the appellees.

REVERSED and REMANDED.

STONE, J., and STREITFELD, JEFFREY E., Associate Judge, concur.

NOTES

[1] We agree with the dissenting opinions of Judges Altenbernd and Lazzara in Woodson , and thus certify conflict with the majority's decision in that case.

[2] Even though we find the claim sufficiently pleaded, on remand we direct the trial court to allow TGI, if it be so advised, to replead its fraudulent inducement claim in an amended pleading.

How later courts describe this case

Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.

Cited by 10 cases

View all citing references →
1996: 51997: 41999: 119962026peak 1996 · 5

Relies on it most ⓘ

  1. Monco Enterprises, Inc. v. Ziebart Corp.673 So. 2d 491 (Fla. Dist. Ct. App. 1996)
  2. Hotels of Key Largo, Inc. v. RHI HOTELS694 So. 2d 74 (Fla. Dist. Ct. App. 1997)
  3. Greenfield v. Manor Care, Inc.705 So. 2d 926 (Fla. Dist. Ct. App. 1997)
  4. Williams v. PEAK RESORTS INTERN. INC.676 So. 2d 513 (Fla. Dist. Ct. App. 1996)
  5. Segal v. RHUMBLINE INTERN., INC.688 So. 2d 397 (Fla. Dist. Ct. App. 1997)
  6. Jarmco, Inc. v. Polygard, Inc.668 So. 2d 300 (Fla. Dist. Ct. App. 1996)

Most recent

  1. Wadlington v. CONTINENTAL MEDICAL SERVICES, INC.728 So. 2d 352 (Fla. Dist. Ct. App. 1999)
  2. Greenfield v. Manor Care, Inc.705 So. 2d 926 (Fla. Dist. Ct. App. 1997)
  3. Hotels of Key Largo, Inc. v. RHI HOTELS694 So. 2d 74 (Fla. Dist. Ct. App. 1997)
  4. Segal v. RHUMBLINE INTERN., INC.688 So. 2d 397 (Fla. Dist. Ct. App. 1997)
  5. Nerbonne, Nv v. Lake Bryan Prop.689 So. 2d 322 (Fla. Dist. Ct. App. 1997)
  6. CV Reit, Inc. v. TGI Development, Inc.689 So. 2d 255 (Fla. 1996)

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 2

DepthCaseCited by
Woodson v. Martin, 663 So. 2d 1327 (Fla. Dist. Ct. App. 1995) 32
HTP v. Lineas Aereas Costarricenses, 661 So. 2d 1221 (Fla. Dist. Ct. App. 1995) 12

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