NESSIM v. DeLOACHE

No. 79-1599.

384 So.2d 1341 (1980)

Salomon Kassin NESSIM, Appellant, v. Mickey DeLOACHE, Appellee.

District Court of Appeal of Florida, Third District.

July 1, 1980.


Attorney(s) appearing for the Case

Kelly, Black, Black, Wright & Earle and Brian P. Patchen, Miami, for appellant.

Beckham, McAiley & Proenza and George E. Schulz, Jr., Miami, for appellee.

Before HUBBART and NESBITT, JJ., and PEARSON, TILLMAN (Ret.), Associate Judge.


NESBITT, Judge.

This is an appeal from a summary judgment entered in favor of the alleged seller of a used yacht on a complaint seeking: (1) rescission of the contract of sale; and (2) damages for fraud and deceit arising out of the sale of the yacht. We find the summary judgment to have been improvidently and prematurely entered and therefore reverse.

Nessim, plaintiff-appellant, brought this action against DeLoache, defendant-appellee, owner and alleged...

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