White v. Kirlew

District Court of Appeal of Florida

White v. Kirlew

574 So. 2d 258, 1991 Fla. App. LEXIS 850, 1991 WL 11652

CourtDistrict Court of Appeal of Florida

DecidedFebruary 6, 1991

DocketNo. 90-0415

StatusPublished

Cited by1 cases

This text of 574 So. 2d 258 (White v. Kirlew) 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

White v. Kirlew, 574 So. 2d 258, 1991 Fla. App. LEXIS 850, 1991 WL 11652 (Fla. Ct. App. 1991).

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Opinion

PER CURIAM.

This is a suit for rescission of a sales contract concerning residential property. The buyers alleged that the sellers were guilty of misrepresenting that the house was concrete block construction when in fact it was stucco frame construction.

We reverse the final summary judgment entered in favor of the buyers because there were material issues of fact which stood in the way of a judgment being entered as a matter of law. Those issues include whether the sellers knew that the buyers only wanted a concrete house, whether they knew that their agent stated in the listing, and told the buyers, that their house was concrete, and whether they knew that their house was not concrete. We reverse and remand for further proceedings consistent herewith.

GUNTHER and GARRETT, JJ., and WALDEN,' JAMES H„ (Retired), Associate Judge, concur.

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PER CURIAM.

This is a suit for rescission of a sales contract concerning residential property. The buyers alleged that the sellers were guilty of misrepresenting that the house was concrete block construction when in fact it was stucco frame construction.

We reverse the final summary judgment entered in favor of the buyers because there were material issues of fact which stood in the way of a judgment being entered as a matter of law. Those issues include whether the sellers knew that the buyers only wanted a concrete house, whether they knew that their agent stated in the listing, and told the buyers, that their house was concrete, and whether they knew that their house was not concrete. We reverse and remand for further proceedings consistent herewith.

GUNTHER and GARRETT, JJ., and WALDEN,' JAMES H„ (Retired), Associate Judge, concur.

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Bluebook (online)

574 So. 2d 258, 1991 Fla. App. LEXIS 850, 1991 WL 11652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-v-kirlew-fladistctapp-1991.

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