Steinberg v. Bay Terrace Apartment Hotel, Inc.
| Citation | 363 So.2d 58 |
| Decision Date | 10 October 1978 |
| Docket Number | No. 78-22,78-22 |
| Parties | Peter STEINBERG and Ina Steinberg, his wife, Appellants, v. BAY TERRACE APARTMENT HOTEL, INC., a Florida Corporation, Appellee. |
| Court | Court of Appeal of Florida (US) |
Eli Breger, North Miami Beach, for appellants.
Charles L. Neustein, Miami, for appellee.
Before HAVERFIELD, C. J., and HENDRY and HUBBART, JJ.
This is an appeal by plaintiffs from an order dismissing their complaint, with prejudice.
The complaint alleged that plaintiffs entered into a contract for the purchase of an apartment house from the defendant, that under the terms of the contract the apartment house to be purchased consisted of twenty-three efficiency units and that based upon such representations, the transaction was closed. At the time of closing, plaintiff, Peter Steinberg executed a purchase money mortgage in favor of the defendant.
After the closing, the Building and Zoning Department of the City of Miami Beach advised plaintiffs that the apartment house which plaintiffs purchased from defendant, had a designated use of ten units and could not be occupied by twenty-three tenants, nor had permits ever been issued changing the use from ten units to twenty-three units.
It was further alleged that defendant, through its officers, knew that the apartment house which it sold could not be used for the rental of twenty-three efficiency units and that such action on the part of said defendant was a fraud upon plaintiffs, or in the alternative, was the result of a mistake or, that it was a breach of a representation set forth in the contract.
Plaintiffs sought to have the transaction set aside and offered to make an accounting to defendants.
The defendant moved to dismiss the complaint on the grounds (1) that the plaintiffs are an estate by the entireties by virtue of a warranty deed from Peter Steinberg to Ina Steinberg and Peter Steinberg, husband and wife, and the defendant did not convey title to the plaintiffs, but instead, conveyed title to Peter Steinberg, individually, and therefore, the plaintiffs are not in privity with the defendant; (2) that the defendant made no warranties or representations to the plaintiffs estate by the entireties; (3) that there are no representations or warranties set forth in the contract for sale with regard to zoning; (4) that plaintiffs do not allege anywhere that they relied upon representations made by the defendant nor that they had a right to rely on...
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Performance Cars, Inc. v. Inside Trader, Inc.
...538 So.2d 909 (Fla. 3d DCA 1989); Laufer v. Norma Fashions, Inc., 418 So.2d 437 (Fla. 3d DCA 1982); Steinberg v. Bay Terrace Apartment Hotel, Inc., 363 So.2d 58 (Fla. 3d DCA 1978); Tusa v. Omaha Auto. Auction, Inc., 712 F.2d 1248 (8th ...
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Steinberg v. Bay Terrace Apartment Hotel, Inc., 79-236
...So.2d 252 (Fla. 3d DCA 1970). The order appealed is, therefore, affirmed in all respects. Affirmed. 1 Steinberg v. Bay Terrace Apartment Hotel, Inc., 363 So.2d 58 (Fla. 3d DCA 1978).2 Subsequent to the appellate decision, the Steinbergs filed a notice of voluntary dismissal as to the former......
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Fraser v. Schoenfeld
...Brown, 233 So.2d 140, 141 (Fla.2d DCA 1970). The present case is distinguished from our recent opinion in Steinberg v. Bay Terrace Apartment Hotel, Inc., 363 So.2d 58 (Fla.3d DCA 1978), in that, first of all, the Steinberg case dealt with the dismissal of a complaint. Secondly, and of more ......