Rubens v. Glinsky

Florida District Courts of Appeal
Rubens v. Glinsky, 473 So. 2d 20 (1985)
10 Fla. L. Weekly 1790; 1985 Fla. App. LEXIS 14439
Baskin, Ferguson, Nesbitt

Rubens v. Glinsky

Opinion of the Court

PER CURIAM.

The dismissal of the Rubenses’ complaint with regard to their fraudulent misrepresentation count is reversed. The complaint, while not a model of craftsmanship, adequately alleges the elements of a cause of action for fraudulent misrepresentation by alleging: (a) the misrepresentation of a material fact (the concealment of a negative roof inspection report and the presentation of a favorable one so as to represent that the roof was in good condition); (b) that the defendants knew the falsity of the representation; (c) that the defendants made the representation intending that the plaintiffs would rely on it in purchasing the house; (d) that the plaintiffs did rely on the representation in purchasing the house; and (e) that the plaintiffs reliance caused damage. See American International Land Corp. v. Hanna, 323 So.2d 567, 569 (Fla. 1975); Johnson v. Davis, 449 So.2d 344 (Fla. 3d DCA 1984); see also Besett v. Basnett, 389 So.2d 995 (Fla. 1980). With regard to the other count in the complaint, the order is affirmed.

Affirmed in part, reversed in part and remanded.

Reference

Full Case Name
Murray RUBENS and Myrna Rubens, his wife v. Michael GLINSKY, Rebecca Glinsky, his wife, 163rd Street Realty, Inc. and Belle Yantz, Inc.
Cited By
2 cases
Status
Published