Florida District Courts of Appeal, 2009

Festa v. Ferrara

Festa v. Ferrara
Florida District Courts of Appeal · Decided October 14, 2009 · Barfield, Kahn, Van Nortwick
18 So. 3d 732; 2009 Fla. App. LEXIS 15571; 2009 WL 3278046 (Southern Reporter, Third Series)

Festa v. Ferrara

Opinion

PER CURIAM.

The judgment under review granted the seller rescission of a complex real estate transaction. Based upon the trial court’s detailed findings with regard to the claim of fraudulent inducement, we AFFIRM the order of rescission. See Mazzoni Farms, Inc. v. E.I. DuPont De Nemours, 761 So.2d 306, 313 (Fla. 2000) (“Consistent with the majority view, Florida law provides for an election of remedies in fraudulent inducement cases: rescission, whereby the party repudiates the transaction, or damages, whereby the party ratifies the contract.”) The trial court specifically determined that the finding of fraudulent inducement, standing alone, would be sufficient to support rescission of the party’s transaction. We also AFFIRM the issues raised on cross-appeal.

BARFIELD, KAHN, and VAN NORTWICK, JJ., concur.

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