LAWRENCE J. FOX, ALSO KNOWN AS L. J. FOX AND LAVINIA FOX, ALSO KNOWN AS LEVINIA FOX, HIS WIFE, APPELLANTS,
v.
ERNEST R. BOYER, JR., ET AL., APPELLEES
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PER CURIAM.
We have reviewed the briefs, record on appeal and having heard oral argument we are of the opinion that there exists genuine issues of material fact as to the alleged fraudulent nature of the transaction giving rise to plaintiffs’ acquisition of title thereby precluding summary disposition of this issue. Krantz v. Donner, Fla.App. 1973, 285 So. 2d 699; Pompano Paint Co. v. Pompano Beach Bank & Trust Co., Fla.App.1968, 208 So. 2d 152; Coquina Ridge Properties v. East West Company, Fla.App.1971, 255 So. 2d 279; Automobile Sales, Inc. v. Federated Mutual Implement and Hardware Ins. Co., Fla.App.1972, 256 So. 2d 386. The defense of fraud was not barred by the statute of limitations. See Beekner v. L. P. Kaufman, Inc., 145 Fla. 152, 198 So. 794 (1940). As to the defendants’ allegations regarding adverse possession and laches we find no material issues of fact; and in this respect summary disposition was appropriately entered. Accordingly, the summary final judgment is affirmed, in part, and reversed, in part, and remanded to the trial court for further disposition in accordance with this opinion.
Affirmed, in part; reversed, in part.
OWEN, C. J., and MAGER and DOW-NEY, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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FOX v. Boyer, 315 So. 2d 474 (Fla. 1975)…Certiorari denied. 307 So. 2d 239. ADKINS, C. J., and ROBERTS, BOYD, OVERTON and ENGLAND, JJ., concur.…
Authorities Cited
- Pompano Paint Co. v. Pompano Beach Bank & Tr. Co., 208 So. 2d 152 (Fla. 4th DCA 1968)
- Beekner v. L. P. Kaufman, Inc., 145 Fla. 152 (Fla. 1940)
- Auto. Sales, Inc. v. Federated Mut. Implement & Hardware Ins. Co., 256 So. 2d 386 (Fla. 3d DCA 1972)
- Coquina Ridge Props. v. E. W. Co., 255 So. 2d 279 (Fla. 4th DCA 1971)
- Dickerson v. State, 285 So. 2d 699 (Fla. 4th DCA 1973)
- Syd P. Krantz v. Donner, 285 So. 2d 699 (Fla. 4th DCA 1973)