JACK BAKERY SERVICES, INC., APPELLANT,
v.
WESTERN TREATS MEAT MARKET INC., AND THOMAS K. IRELAND, INDIVIDUALLY AND AS SUCCESSOR CASTO DEVELOPERS, LTD., A FLORIDA LIMITED PARTNERSHIP, APPELLEES
JACK BAKERY SERVICES, INC., APPELLANT,
WESTERN TREATS MEAT MARKET INC., AND THOMAS K. IRELAND, INDIVIDUALLY AND AS SUCCESSOR CASTO DEVELOPERS, LTD., A FLORIDA LIMITED PARTNERSHIP, APPELLEES
547 So. 2d 250
Florida District Court of Appeal, Fourth District (1989)
Positive Treatment
Cited by 2 cases
Opinion of the Court
PER CURIAM.
REVERSED. We agree with the appellant that its cross-claim states a cause of action for fraud. The appellant has alleged that the appellee-landlord, after it was placed on actual notice that its property was to be condemned, intentionally deceived the appellant-tenant into entering into an extended lease. We reject appel-lee’s claim that it could have no obligation to disclose facts about the condemnation until a legal taking occurred. Cf. Johnson v. Davis, 480 So. 2d 625 (Fla.1985).
ANSTEAD and STONE, JJ., and FENNELLY, JOHN E., Associate Judge, concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
-
Hynd v. Ireland, 582 So. 2d 772 (Fla. 4th DCA 1991)…ased on the possibility that the DOT could have changed its [*774] mind about perfecting the condemnation up until the actual taking is without merit. This court held in the related case of Jack Bakery Serv. Inc. v. Western Treats Meat Market, Inc., 547 So. 2d 250 (Fla. 4th DCA 1989), rev. denied, 557 So. 2d 35 (Fla.1990), that such a possibility did not allow the appellee (Ireland) to postpone disclosing facts about the condemnation until the legal taking occurred, and that appellant’s cross-claim had stated…
Authorities Cited
- Johnson v. Morton Davis and Edna Davis, 480 So. 2d 625 (Fla. 1985)