Barth v. Khubani, 97-681

Decision Date31 December 1997
Docket NumberNo. 97-681,97-681
Citation705 So.2d 72
Parties23 Fla. L. Weekly D63 Roger V. BARTH Appellant, v. Victor M. KHUBANI, Khubani Enterprises, Inc. and Azad International, Inc., Appellees.
CourtFlorida District Court of Appeals

Akermen, Senterfitt & Eidson and Bernardo Burstein; Richter, Miller & Finn and Paul S. Richter, Washington, DC, for appellant.

Goldstein & Tanen and Susan E. Trench; Herbert Stettin, Miami, for appellees.

Before COPE, GODERICH and SORONDO, JJ.

PER CURIAM.

The plaintiff, Roger V. Barth, appeals from an adverse final judgment and from the denial of his motion for a new trial. We reverse, in part, and affirm, in part.

First, we find that the trial court erred by granting a directed verdict on the plaintiff's count for fraud. The plaintiff testified that the defendant's agent had made a false statement concerning a material fact; that the agent was acting within his scope of authority; that the agent knew the representation was false; that the agent intended that the representation induce the plaintiff to act; and that the plaintiff's reliance on the representation caused him a resulting injury. This evidence presented by the plaintiff was sufficient to state a prima facie case of fraud. Johnson v. Davis, 480 So.2d 625, 627 (Fla.1985). Additionally, we find that the trial court erred by granting a directed verdict on the plaintiff's count for fraud on the alternative basis that the claim for fraud in the inducement was barred by the economic loss rule. HTP, Ltd. v. Lineas Aereas Costarricenses, S.A., 685 So.2d 1238, 1240 (Fla.1996)("[F]raud in the inducement is an independent tort and is not barred by the economic loss rule.").

Next, we find that the plaintiff did not properly preserve the statute of frauds issue for review on appeal. Because a general verdict form was submitted to the jury, it is unclear whether the jury found the underlying contract to be unenforceable because it was barred by the statute of frauds, because the plaintiff had failed to perform the conditions precedent, or because no valid contract existed. Therefore, in the absence of an objection to the use of the general verdict form, reversal is improper where no error is found as to one of two issues submitted to the jury on the basis that the appellant is unable to demonstrate prejudice. Whitman v. Castlewood Int'l Corp., 383 So.2d 618 (Fla.1980); Comreal Miami, Inc. v. Hatari Imports, Inc., 559 So.2d 1175 (...

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6 cases
  • Pennsylvania Lumbermens Mut. Ins. Co. v. Sunrise Club, Inc.
    • United States
    • Florida District Court of Appeals
    • April 22, 1998
    ...the insureds can win on this point only if neither possible finding against them is supported by the record. See Barth v. Khubani, 705 So.2d 72 (Fla. 3d DCA 1997). In fact, there is ample evidence to justify an adverse verdict as to both. See Dennies Contracting Co. v. Hersh, 702 So.2d 1381......
  • Barth v. Khubani
    • United States
    • Florida Supreme Court
    • October 7, 1999
    ...Florida, and Susan E. Trench of Goldstein & Tanen, P.A., Miami, Florida, for respondents. SHAW, J. We have for review Barth v. Khubani, 705 So.2d 72 (Fla. 3d DCA 1997), which expressly and directly conflicts with Charlemagne v. Francis, 700 So.2d 157 (Fla. 4th DCA), review dismissed, 703 So......
  • BANKERS MUT. CAPITAL v. US Fid. & Guar.
    • United States
    • Florida District Court of Appeals
    • March 14, 2001
    ...a false statement concerning a material fact made with knowledge of its falsity and an intent to induce reliance. See Barth v. Khubani, 705 So.2d 72, 73 (Fla. 3d DCA 1997)(citing Johnson v. Davis, 480 So.2d 625, 627 (Fla. 1985)), approved, 748 So.2d 260 The allegations in the amended compla......
  • Palm Beach Roamer, Inc. v. McClure
    • United States
    • Florida District Court of Appeals
    • February 12, 1999
    ...fact or concealed a material fact, and that McClure was Schneider's agent acting within the scope of his authority. Barth v. Khubani, 705 So.2d 72 (Fla. 3d DCA 1997). The trial court correctly found no evidence that Schneider himself made any affirmative statement concerning the condition o......
  • Request a trial to view additional results
2 books & journal articles
  • The two-issue rule and itemized verdicts: walking the tightrope.
    • United States
    • Florida Bar Journal Vol. 74 No. 7, July 2000
    • July 1, 2000
    ...Charlemagne, 700 So. 2d at 160. [10] Id. (citing Ablanedo, 511 So. 2d at 538) (emphasis added). [11] See id. [12] See Barth v. Khubani, 705 So. 2d 72 (Fla. 3d D.C.A. [13] See Gonzalez v. Leon, 511 So. 2d 606 (Fla. 3d D.C.A. 1987). [14] Id. at 607. [15] LoBue v. Travelers Ins. Co., 388 So. 2......
  • You should have called me sooner.
    • United States
    • Florida Bar Journal Vol. 73 No. 7, July 1999
    • July 1, 1999
    ...129 (Fla. 1987). [11] See, e.g., First Interstate Development Corporation v. Ablanedo, 511 So. 2d 536 (Fla. 1987). [12] Barth v. Khubani, 705 So. 2d 72 (Fla. 3d D.C.A. [13] See R. ELLIGETT & J. SCHEB, FLORIDA APPELLATE PRACTICE AND ADVOCACY [sections]3.13 (1998). [14] See, e.g., Grossma......

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