Florida District Courts of Appeal, 1983

Pinzl v. Lapointe

Florida District Courts of Appeal · Decided February 2, 1983 · Sharp

426 So. 2d 65 (Southern Reporter, Second Series)

Cases that cite this one

5 later published cases cite this decision.

State Farm Mutual Automobile Insurance v. Weiss (United States District Court for the Middle District of Florida 2006)
Thor Bear, Inc. v. Crocker Mizner Park (Fla. Dist. Ct. App. 1995)
Dynamic Cablevision of Florida Inc. v. Palmetto 114 Associates (Fla. Dist. Ct. App. 1990)
Young v. Johnson (Fla. Dist. Ct. App. 1989)
S & S Air Conditioning Co. v. Freire (Fla. Dist. Ct. App. 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

426 So.2d 65 (1983)

David PINZL and Diana Pinzl, Appellants,
v.
Donald LAPOINTE and Deliah Lapointe, Appellees.

No. 82-658.

District Court of Appeal of Florida, Fifth District.

February 2, 1983.

*66 Edward A. Broyles, Forest City, for appellants.

Mark O. Cooper of Bornstein, Petree, Brooks, Cooper & Marks, Orlando, for appellees.

SHARP, Judge.

We reverse this judgment which dismissed appellants' amended complaint for failure to state a cause of action in fraud or misrepresentation. The lower court ruled that, because the complaint alleged the appellants knew of a discrepancy between the accountant's figures on gross income and the appellees' figures, as a matter of law they waived their claim against appellees. Reliance on misrepresentations and a duty to inquire are usually determinations for the trier of fact.^[1] Here the complaint further alleged that the appellants were repeatedly assured that the appellees' figures on gross income were correct not the accountant's. Accordingly, the judgment is reversed and this cause remanded.

REVERSED AND REMANDED.

DAUKSCH, J., and BROWNLEE, JACKSON O., Associate Judge, concur.

NOTES

[1] See, e.g., Regnvall v. Sayle, 45 So.2d 674 (Fla. 1950); Butts v. Dragstrem, 349 So.2d 1205 (Fla. 1st DCA 1977); Cath-Art Products Co., Inc. v. Bornman, 260 So.2d 885 (Fla. 3d DCA 1972); Gonzalez v. Patane, 234 So.2d 8 (Fla. 3d DCA 1970); Warner v. Harris Miami Beach, Inc., 219 So.2d 93 (Fla. 3d DCA 1969).

Case-law data current through December 31, 2025. Source: CourtListener bulk data.