Pinzl v. Lapointe, 426 So. 2d 65

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 Details

Case Name: Pinzl v. Lapointe

Court Name: District Court of Appeal of Florida

Date Published: Feb 2, 1983

Citations: 426 So. 2d 65; 82-658

Docket Number: 82-658

Court Abbreviation: Fla. Dist. Ct. App.