C & J Sapp Pub. Co. v. Tandy Corp., s. 89-01726
| Citation | 16 Fla. L. Weekly 1068,585 So.2d 290 |
| Decision Date | 19 April 1991 |
| Docket Number | 90-00201,Nos. 89-01726,s. 89-01726 |
| Parties | C & J SAPP PUBLISHING COMPANY, Appellant, v. TANDY CORPORATION and First Leasing & Funding of Florida, Appellees. 585 So.2d 290, 16 Fla. L. Week. 1068 |
| Court | Florida District Court of Appeals |
John Charles Coleman of Coleman & Coleman, Fort Myers, for appellant.
Craig P. Clendinen and Michael A. Raffanti of Trenam, Simmons, Kemker, Scharf, Barkin, Frye & O'Neill, Tampa, for appellee, Tandy Corp.
Michael R. Whitt of Law Office of Kevin F. Jursinski, Fort Myers, for appellee, First Leasing & Funding of Florida.
The appellant, C & J Sapp Publishing Company (Sapp), challenges several orders entered in favor of the appellees, Tandy Corporation (Tandy) and First Leasing and Funding of Florida (First Leasing). The appellant also challenges a final summary judgment in favor of First Leasing and a partial summary judgment in favor of Tandy. We affirm in part and reverse in part.
This dispute arose out of Sapp's purchase of a computer system in 1983. The appellant contends that Chris and Jean Sapp visited the Tandy store in Fort Myers and requested assistance in selecting a computer system that would fit their company's needs and serve the purposes for which the system was to be purchased. The Sapps informed Tandy that they desired new rather than used equipment. Tandy's sales representatives advised the Sapps that certain equipment would meet their company's needs, and pursuant to Tandy's suggestion, the equipment was leased to Sapp through First Leasing. Sapp also contends that neither Tandy nor First Leasing ever advised Sapp that any part of the computer system itself was not new, and an external inspection did not reveal that the system was not new.
In July 1986, while a Tandy employee was working on the system, Sapp discovered, through repair stickers on the inside of the computer, that important parts of the computer system were used and had been the subject of maintenance as early as 1980.
Sapp subsequently filed a multicount complaint against the appellees. In its last amended complaint, Sapp sought relief on the grounds of fraud, negligent misrepresentation, breach of warranty of merchantability, breach of warranty by description, and breach of contract. First Leasing filed a cross-complaint against Tandy alleging that Tandy delivered used equipment when new equipment had been paid for and it filed a counterclaim against Sapp alleging that Sapp had breached the lease between the parties.
The trial court, after several years of pretrial practice, entered many orders and judgments which are the subject of this consolidated appeal. The court first struck Sapp's claim for punitive damages and dismissed its fraud count with prejudice. It then granted First Leasing's motions for summary judgment on Sapp's remaining claims and on its counterclaim and entered summary judgments in those matters, together with orders taxing costs and attorney's fees. The trial court also granted Tandy's motion for summary judgment, and entered a partial summary judgment and an order assessing attorney's fees in that matter. Sapp filed timely notices of appeal from the above orders and judgments, and these appeals were subsequently consolidated by this court.
We find no merit in any of the appellant's contentions in regard to its appeal involving First Leasing and, accordingly, affirm, without discussion, the judgment entered in favor of First Leasing and the order awarding it costs and attorney's fees.
Although Sapp appealed the summary judgment entered in favor of Tandy, including the counts for breach of warranty and breach of contract, Sapp's counsel specifically abandoned argument on these counts, and we, therefore, affirm the trial court's rulings on breach of warranty and contract. Sapp contends, however, that the court erred by dismissing its fraud claim, striking its claim for punitive damages, awarding attorney's fees to Tandy, and granting a summary judgment in favor of Tandy on its claim for negligent misrepresentation.
We agree with the appellant's contention that it alleged a cause of action for fraud against Tandy. In order to state a cause of action, a complaint need only contain a short and plain statement of the ultimate facts which...
To continue reading
Request your trial
-
Rogers v. Cisco Systems, Inc., 3:03 CV 32/LAC/MCR.
...plaintiff need only prove that the representor reasonably should have known of the statement's falsity. C & J Sapp Publ'g Co. v. Tandy Corp., 585 So.2d 290, 292 (Fla. 2d DCA 1991); Atlantic Nat'l Bank of Fla. v. Vest, 480 So.2d 1328, 1332 (Fla. 2d DCA 1985). Under either theory, the Plainti......
-
WATER INTERN. NETWORK, USA, INC. v. East
...which results in injury to him. Greatland Gold Inc., v. Berger, 617 So.2d 870 (Fla.Dist. Ct.App.2 1993) (citing), C & J Sapp Publishing Co., v. Tandy Corp., 585 So.2d 290 (Fla. Dist.Ct.App.2 1991). Plaintiff's complaint includes all of these Further, Defendants seek dismissal of Plaintiff's......
-
Townsend Contracting v. JENSEN CIV. CONST.
...the injury of the other party. Mettler, Inc. v. Ellen Tracy, Inc., 648 So.2d 253, 255 (Fla. 2d DCA 1994); C & J Sapp Publishing Co. v. Tandy Corp., 585 So.2d 290 (Fla. 2d DCA 1991). In support of this claim, Appellant re-alleged Paragraphs 1 through 13 of the general allegations, supra, and......
-
In re Checkers Securities Litigation
...(4) injury to the Plaintiff as a result of acting in justifiable reliance on the misrepresentation. C. & J. Sapp Publishing Co. v. Tandy Corp., 585 So.2d 290, 292 (Fla. 2d Dist.Ct.App.1991). Unlike Rule 10b-5 claims, common law claims cannot be based upon the fraud-on-the-market theory. Kah......
-
Fraud
...6. Osborne v. Delta Maintenance and Welding, Inc. , 365 So.2d 425, 427 (Fla. 2d DCA 1978). 7. C & J Sapp Publishing Co. v. Tandy Corp. , 585 So.2d 290, 292 (Fla. 2d DCA 1991). §8:10.1.3 Elements of Cause of Action — 3rd DCA The elements of a fraud claim are: 1. a false statement concerning ......
-
Negligence cases
...252, 254 (Fla. 2d DCA 2014). 2. Grimes v. Lottes, 241 So.3d 892, 896 (Fla. 2d DCA 2018). 3. C & J Sapp Publishing Co. v. Tandy Corp., 585 So.2d 290, 292 (Fla. 2d DCA 1991). 4. Atlantic National Bank of Florida v. Vest, 480 So.2d 1328, 1331 (Fla. 2d DCA 1985), rev. denied, 491 So.2d 281 (Fla......