Gwynn v. Hirtler

District Court of Appeal of Florida

Gwynn v. Hirtler

417 So. 2d 732, 1982 Fla. App. LEXIS 29313

CourtDistrict Court of Appeal of Florida

DecidedJuly 14, 1982

DocketNo. 81-2251

StatusPublished

This text of 417 So. 2d 732 (Gwynn v. Hirtler) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Gwynn v. Hirtler, 417 So. 2d 732, 1982 Fla. App. LEXIS 29313 (Fla. Ct. App. 1982).

Pincite

Opinion

PER CURIAM.

This is an appeal from a judgment awarding damages to a lessee of a restaurant on account of the alleged misrepresentation of the lessor as concerns certain parking facilities.

We have reviewed all the evidence from the appellate stance and conclude that such evidence is totally insufficient as a matter of fact and law to establish that the appellant lessor was guilty of fraud or misrepresentation.

We reverse and remand with instructions to enter judgment in favor of defendant/appellant, Susan Gwynn, upon authority of Gaddis v. McComas, 391 So.2d 706 (Fla. 4th DCA 1980). See also: Hauben v. Harmon, 605 F.2d 920 (5th Cir. 1979); Heis-ley v. First Bond and Mortgage Co., 103 Fla. 171, 138 So. 81 (1931); Tischler v. Robinson, 73 Fla. 638, 84 So. 914 (1920); In Re Estate of Donner, 364 So.2d 742, Fla. 3rd DCA 1978; and Aspell v. Campbell, 64 App. Div. 393, 72 N.Y.S. 76 (1901).

REVERSED and REMANDED.

GLICKSTEIN, DELL and WALDEN, JJ., concur.

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