Florida District Courts of Appeal, 1988

Stoehner Service Systems of Florida, Inc. v. Southern Bell Telephone & Telegraph Co.

Stoehner Service Systems of Florida, Inc. v. Southern Bell Telephone & Telegraph Co.
Florida District Courts of Appeal · Decided November 9, 1988 · Anstead, Letts, Walden
533 So. 2d 897; 13 Fla. L. Weekly 2463; 1988 Fla. App. LEXIS 4864; 1988 WL 117541 (Southern Reporter, Second Series)

Stoehner Service Systems of Florida, Inc. v. Southern Bell Telephone & Telegraph Co.

Dissenting Opinion

ANSTEAD, Judge,

dissenting in part.

I agree that a fact issue exists in the intentional interference action, but I would affirm the trial court’s judgment on the fraud action.

Opinion of the Court

PER CURIAM.

We sua sponte consolidate these actions and reverse the trial court’s entry of summary judgment against appellant on its claims for fraud and intentional interference with a contract. We believe factual issues exist as to appellee Bell South’s responsibility for its manager’s and other employees’ interference in a contract between appellant and Southern Bell. Similarly, we believe a fact issue exists as to Southern Bell’s responsibility for fraud in entering into the contract with the appellant knowing that the agent delegated to supervise the contract intended to prevent the appellant from successfully performing the contract.

LETTS and WALDEN, JJ., concur. ANSTEAD, J., dissents in part with opinion.

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