ROBERT AND ANNA PERKS, APPELLANTS,
v.
ADOLFO KAPLUN, GRACIELA KAPLUN, ORKIN EXTERMINATING COMPANY, INC., A DELAWARE CORPORATION, D/B/A ORKIN PEST CONTROL, NEIL MASNIKOFF, AND MASTER REALTY, INC., A FLORIDA CORPORATION, APPELLEES

Fla. 4th DCA | 1981-12-30
No. 81-712
HERSEY and DELL, JJ., concur., ANSTEAD, J., concurs specially with opinion.
407 So. 2d 1077 Florida District Court of Appeal, Fourth District (1981)

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

HERSEY and DELL, JJ., concur.

ANSTEAD, J., concurs specially with opinion.

Concurrence
ANSTEAD, Judge,

ANSTEAD, Judge,

specially concurring:

This is an action based on fraud in the sale of a house. I agree that the trial court’s entry of summary judgment was proper because there is no evidence of any fraudulent conduct on the part of the sellers, here the Kapluns, unlike the situation present in Queenan v. Flynn, 347 So. 2d 686 (Fla. 4th DCA 1977).

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