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BRYANT v. SMALL

No. 70-203.

236 So.2d 150 (1970)

Willie BRYANT, Appellant, v. Evans SMALL, Appellee.

District Court of Appeal of Florida, Third District.

June 9, 1970.

Attorney(s) appearing for the Case

Alfred D. Bieley, Miami, for appellant.

August, Nimkoff & Gladstone, Miami, for appellee.

Before PEARSON, C.J., and CHARLES CARROLL and BARKDULL, JJ.

PER CURIAM.

Appellant seeks review of an adverse summary judgment dismissing a complaint seeking rescission of a deed, allegedly executed as a result of fraud and undue influence practiced by the appellee upon the grantor. We reverse.

Ordinarily, fraud and undue influence cases are not the proper subject of summary judgment. As to fraud, see: Alepgo Corporation v. Pozin, Fla.App. 1959, 114 So.2d 645; Dean v. Gold Coast Theatres...

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