Forte v. Tripp and Skrip, Nos. 75--1693
| Court | Court of Appeal of Florida (US) |
| Writing for the Court | Before BARKDULL; PER CURIAM; HENDRY |
| Citation | 339 So.2d 698 |
| Parties | Michael FORTE and Oak Grove Gardens, Inc., etc., Appellants, v. TRIPP & SKRIP et al., Appellees. |
| Decision Date | 23 November 1976 |
| Docket Number | Nos. 75--1693,75--1964 |
Page 698
v.
TRIPP & SKRIP et al., Appellees.
Page 699
Storace, Hall & Hauser, Miami, for appellants.
Knight, Peters, Hoeveler, Pickle, Niemoeller & Flynn, Paige & Catlin, Sam Daniels, Miami, for appellees.
Before BARKDULL, C.J., and HENDRY and NATHAN, JJ.
PER CURIAM.
The appellants were plaintiffs in the trial court. They brought an action for damages against the appellees as defendants, alleging a fraud and a misrepresentation as to certain applicable zoning regulations pertaining to a particular piece of property. The defendants counterclaim to recover the balance of the architectural fees due them for services performed.
Subsequent to numerous depositions and affidavits and an earlier motion for summary judgment, resulting in a favorable ruling for one of the original defendants, the trial court entered a summary judgment in favor of the defendants on the original cause of action and in favor of the architects on their counterclaim. This appeal ensued.
The appellants contend that so much of the record as they brought up here demonstrates a genuine issue of a material fact as to whether or not an actual misrepresentation was committed by the architects. The record on appeal reveals the following:
In 1971, the appellants (Forte and Oak Grove Gardens, Inc.) purchased the Pflueger Tract, based upon the alleged representation by the appellees that the County zoning had been resolved. The zoning regulation of Metropolitan Dade County as to off-street parking had been changed prior to the date of sale. As a result, the project proposed to be built on the land by the appellees had to comply with a higher off-street parking requirement. It is alleged that the appellees failed to inform the appellants of the higher off-street parking requirements. There was testimony by the appellee, Skrip, that the County had approved the project under the prior zoning requirement as opposed to the higher off-street parking requirement. In 1972, after the plans for the project were submitted for building approval, the appellee (Skrip) testified that the County would not go along with the parking requirements which, he contended, had been previously agreed upon. As a result, the appellants were required to comply with the additional parking requirements and eliminate the fourth building of...
To continue reading
Request your trial
-
Dependable Ins. Co., Inc. v. Landers, No. 81-1362
...court may and should look beyond the pleadings. Beckerman v. Greenbaum, 347 So.2d 141 (Fla. 2d DCA 1977); Forte v. Tripp & Skrip, 339 So.2d 698 (Fla. 3d DCA 12 Florida Shade Tobacco Growers, Inc. v. Jno. H. Swisher & Son, Inc., 369 So.2d 657 (Fla. 1st DCA 1979); Six L's Packing Co. ......
-
Coudry v. City of Titusville, No. 82-886
...appeal after remand 382 So.2d 878 (Fla. 3d DCA 1980); Schurkman v. Stolar, 347 So.2d 653 (Fla. 3d DCA 1977); Forte v. Tripp & Skrip, 339 So.2d 698 (Fla. 3d DCA 1976); Keyes Co. v. Executive Center, Inc., 311 So.2d 734 (Fla. 3d DCA 1975); Watier v. REW Crane Service, Inc., 240 So.2d 177 ......
-
Plyser v. Hados, No. 79-2267
...Service, Inc. v. Watier, 257 So.2d 249 (Fla.1971); Greenburg v. Johnston, 367 So.2d 229 (Fla.2d DCA 1979); Forte v. Tripp & Skrip, 339 So.2d 698 (Fla.3d DCA Accordingly, the order of summary judgment is reversed, and the cause remanded for further proceedings not inconsistent with this ......
-
Dober v. Worrell, No. 59608
...court noted that "(t)here is considerable confusion among the authorities." We find conflict. See Forte v. Tripp & Skrip, 339 So.2d 698 (Fla.3d DCA 1976). We hold that failure to raise an affirmative defense before a trial court considering a motion for summary judgment preclu......
-
Dependable Ins. Co., Inc. v. Landers, No. 81-1362
...court may and should look beyond the pleadings. Beckerman v. Greenbaum, 347 So.2d 141 (Fla. 2d DCA 1977); Forte v. Tripp & Skrip, 339 So.2d 698 (Fla. 3d DCA 12 Florida Shade Tobacco Growers, Inc. v. Jno. H. Swisher & Son, Inc., 369 So.2d 657 (Fla. 1st DCA 1979); Six L's Packing Co. ......
-
Coudry v. City of Titusville, No. 82-886
...appeal after remand 382 So.2d 878 (Fla. 3d DCA 1980); Schurkman v. Stolar, 347 So.2d 653 (Fla. 3d DCA 1977); Forte v. Tripp & Skrip, 339 So.2d 698 (Fla. 3d DCA 1976); Keyes Co. v. Executive Center, Inc., 311 So.2d 734 (Fla. 3d DCA 1975); Watier v. REW Crane Service, Inc., 240 So.2d 177 ......
-
Plyser v. Hados, No. 79-2267
...Service, Inc. v. Watier, 257 So.2d 249 (Fla.1971); Greenburg v. Johnston, 367 So.2d 229 (Fla.2d DCA 1979); Forte v. Tripp & Skrip, 339 So.2d 698 (Fla.3d DCA Accordingly, the order of summary judgment is reversed, and the cause remanded for further proceedings not inconsistent with this ......
-
Dober v. Worrell, No. 59608
...court noted that "(t)here is considerable confusion among the authorities." We find conflict. See Forte v. Tripp & Skrip, 339 So.2d 698 (Fla.3d DCA 1976). We hold that failure to raise an affirmative defense before a trial court considering a motion for summary judgment preclu......