South Florida Citrus Industries, Inc. v. Tonkovich
| Citation | 196 So.2d 438 |
| Decision Date | 15 March 1967 |
| Docket Number | No. 35444,35444 |
| Parties | SOUTH FLORIDA CITRUS INDUSTRIES, INC., a Florida corporation, Petitioner, v. Joseph TONKOVICH and Albina A. Tonkovich, his wife, Respondents. |
| Court | United States State Supreme Court of Florida |
Herman T. Isis, Coral Gables, for petitioner.
Elwood P. Safron, Punta Gorda, for respondents.
Certiorari was granted by us to review an alleged conflict between the decision of the District Court of Appeal, Second District, in this case, reported at 185 So.2d 710, and our holding in Davis v. Dunn, Fla., 58 So.2d 539, on the question of whether, in a land purchase transaction, where both parties have equal access to the means of verifying representations, reliance by the purchaser on the seller's representations is justified. The facts are detailed in the District Court's opinion.
However, before coming to the question so posed, we are confronted by the District Court's treatment of the defense of waiver, which it summarily disposed of in the following language:
The record does not disclose whether the trial court's grant of a summary judgment in favor of the seller (Petitioner here) was based on the legal implications flowing from the admitted facts surrounding the representations or from its legal view of the admitted facts claimed to constitute a waiver. The District Court's treatment of the waiver question appears perfunctory, since the record discloses that after full knowledge of the facts the purchasers demanded and received delivery of their deed to the ten acre tract, and subsequently, indeed while this very suit was pending, executed and delivered their note and mortgage covering the five acre tract, which was also affected by the same claim of fraud, and in fact...
To continue reading
Request your trial
-
Weisfeld v. Weisfeld, 86-2038
...subscribing to it. 2 See Tonkovich v. South Florida Citrus Indus., Inc., 185 So.2d 710 (Fla. 2d DCA 1966), rev'd on other grounds, 196 So.2d 438 (Fla.1967). Mr. Weisfeld argues that the workers' compensation award is not marital property because it was intended to provide compensation only ......
-
Hester v. New Amsterdam Casualty Company
...resulting damage to the plaintiff." Tonkovich v. South Florida Citrus Indus., 185 So.2d 710 (Fla.2d Dist.Ct. App.1966), remanded, 196 So.2d 438 (Fla. 1967), and rev'd on other grounds, 202 So.2d 579 (Fla.2d Abundant evidence shows that Jones knowingly made a false statement of fact. Hester ......
-
Abbate v. Nolan
...1935, 117 Fla. 864, 158 So. 508.5 Tonkovich v. South Florida Citrus Industries, Inc., Fla.App.1966, 185 So.2d 710 (cause remanded Fla.1967, 196 So.2d 438 and Fla.App.1967, 202 So.2d 579).6 Ginn v. Weiss, Fla.App.1966, 183 So.2d 6; Food Fair Stores, Inc. v. Trusell, Fla.1961, 131 So.2d 730; ......
-
Tonkovich v. South Florida Citrus Industries, Inc., 5697
...in said opinion and it would serve no purpose to reiterate all of them herein. The Florida Supreme Court in an opinion reported at 196 So.2d 438 has remanded the cause to this court for further consideration in the light of that A careful analysis of the record on appeal shows the following......
-
Fraud
...than of opinion. Tonkovich v. South Florida Citrus Industries, Inc. , 185 So.2d 710, 713 (Fla. 2d DCA 1966), cert. granted and remanded , 196 So.2d 438 (Fla. 1967), affirmed on remand , 202 So.2d 579 (Fla. 2d DCA 1967); MDVIP, Inc. v. Beber , 222 So.3d 555, 561 (Fla. 4th DCA 2017). 10. Waiv......