Lewis v. Kranz

District Court of Appeal of Florida

Lewis v. Kranz

599 So. 2d 253, 1992 Fla. App. LEXIS 6083, 1992 WL 109135

CourtDistrict Court of Appeal of Florida

DecidedMay 26, 1992

DocketNo. 91-1455

StatusPublished

Cited by3 cases

This text of 599 So. 2d 253 (Lewis v. Kranz) 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

Lewis v. Kranz, 599 So. 2d 253, 1992 Fla. App. LEXIS 6083, 1992 WL 109135 (Fla. Ct. App. 1992).

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Opinion

PER CURIAM.

This case is controlled by principles enunciated in Nessim v. DeLoache, 384 So.2d 1341 (Fla. 3d DCA 1980), where we held that the issue of fraud is not ordinarily a proper subject for summary judgment because, being a subtle matter, proving the cause of action may require a full explanation of the facts and circumstances of the alleged wrong to permit a determination whether they collectively constitute fraud. It is not established conclusively in the record that the appellee Kranz, as an agent of the defrauding principal, was not a participant in a conspiracy to defraud. See Karnegis v. Oakes, 296 So.2d 657 (Fla. 3d DCA 1974), cert. denied, 307 So.2d 450 (Fla.1975).

Reversed and remanded.

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PER CURIAM.

This case is controlled by principles enunciated in Nessim v. DeLoache, 384 So.2d 1341 (Fla. 3d DCA 1980), where we held that the issue of fraud is not ordinarily a proper subject for summary judgment because, being a subtle matter, proving the cause of action may require a full explanation of the facts and circumstances of the alleged wrong to permit a determination whether they collectively constitute fraud. It is not established conclusively in the record that the appellee Kranz, as an agent of the defrauding principal, was not a participant in a conspiracy to defraud. See Karnegis v. Oakes, 296 So.2d 657 (Fla. 3d DCA 1974), cert. denied, 307 So.2d 450 (Fla.1975).

Reversed and remanded.

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599 So. 2d 253, 1992 Fla. App. LEXIS 6083, 1992 WL 109135, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lewis-v-kranz-fladistctapp-1992.

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