Florida District Courts of Appeal, 1981

Perks v. Kaplun

Florida District Courts of Appeal · Decided December 30, 1981 · Anstead, Dell, Hersey

407 So. 2d 1077; 1981 Fla. App. LEXIS 27945 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

HERSEY and DELL, JJ., concur. ANSTEAD, J., concurs specially with opinion.

Concurring Opinion

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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