Florida District Courts of Appeal, 1994

Lee v. Paxson

Lee v. Paxson
Florida District Courts of Appeal · Decided July 22, 1994 · Dauksch, Diamantis, Griffin
641 So. 2d 145; 1994 Fla. App. LEXIS 7206; 1994 WL 380167 (Southern Reporter, Second Series)

Lee v. Paxson

Opinion of the Court

PER CURIAM.

AFFIRMED.

DAUKSCH and DIAMANTIS, JJ., concur. GRIFFIN, J., concurs specially and dissents, with opinion.

Concurring in Part

GRIFFIN, Judge,

concurring in part; dissenting in part.

I concur in the affirmance of dismissal of count III of the complaint alleging fraud in the inducement to enter into the oral, multi-year employment agreement. Appellees’ argument that the economic loss rule bars the fraudulent inducement claim is specious; *146nevertheless, it is clear that, under Florida law, appellant has no enforceable claim. Given the lower court’s error in relying on ap-pellees’ “economic loss” argument, appellant should perhaps have an opportunity to amend, but given my conclusion, based on the facts already sworn to by appellant, that amendment would be futile, I concur in the dismissal of appellee, Wesley C. Paxson, Sr.

We have no jurisdiction to review the dismissal of Count II against Paxson Electric Company since Count I is still pending against that defendant.

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