LEILA A. HYMAN AND STUART L. HYMAN, APPELLANTS,
v.
SAWGRASS LAKES HOMEOWNERS ASSOCIATION, INC., A FLORIDA CORPORATION, APPELLEE

Fla. 4th DCA | 1999-08-11
Nos. 99-3010, 99-0289
DELL, STONE and GROSS, JJ., concur.
739 So. 2d 1243 Florida District Court of Appeal, Fourth District (1999) Caution
Cited by 8 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the final summary judgment in favor of appellee on the issue of fraud. However, genuine issues of material fact exist as to whether appellants are entitled to rescission of the General Release and Indemnity Agreement based on their claim of unilateral mistake. Accordingly, we reverse the final summary judgment in part, and remand this cause for further proceedings.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DELL, STONE and GROSS, JJ., concur.


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  • Altieri v. State, 835 So. 2d 1181 (Fla. 4th DCA 2002)
    …e that “possession of a firearm” and “use of a firearm” have been used in the same context. See Overfelt, 457 So. 2d at 1385; Bryant, 744 So. 2d at 1225; Gibbs, 623 So. 2d at 551; Mesa v. State, 632 So. 2d 1094 (Fla. 3d DCA 1994). In Bass v. State, 739 So. 2d 1243 (Fla. 5th DCA 1999), the Fifth District affirmed the imposition of a three year mandatory [*1185] minimum sentence for aggravated assault. The court stated: However, the jury verdict found defendant guilty of aggravated assault ‘as charged in the i…
  • State v. Parker, 812 So. 2d 495 (Fla. 4th DCA 2002)
    …e agree. A trial court is required to impose a minimum three-year mandatory sentence for use of a firearm where the defendant is convicted of aggravated assault with a firearm. See §§ 775.087(2)(a)l., 775.087(2)(d), Fla. Stat. (1999); Bass v. State, 739 So. 2d 1243, 1246 (Fla. 5th DCA 1999). The State also argues that the trial court erred when it determined that it could not impose consecutive sentences on the attempted murder with a firearm offense and on each of the three counts of aggravated assault with…
  • Gould v. State, 860 So. 2d 1056 (Fla. 5th DCA 2003)
    …ments and reclas-sifications are by far the clearest means to convey the jury’s intention, we are unable to say that the form used in the present case violates the requirements of State v. Hargrove, 694 So. 2d 729 (Fla.1997). See also Bass v. State, 739 So. 2d 1243 (Fla. 5th DCA 1999). Mr. Gould’s constitutional attack on section 775.082(9)(d) is without merit in view of the supreme court’s decision in State v. Cotton, 769 So. 2d 345 (Fla.2000). See also Rollinson v. State, 778 So. 2d 971 (Fla.2001) (rejecting…

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