LEVEY v. GETELMAN

No. 80-2022.

408 So.2d 663 (1981)

Burton LEVEY, Appellant, v. Michael J. GETELMAN, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 1, 1982.


Attorney(s) appearing for the Case

Floyd, Pearson, Stewart, Richman, Greer & Weil and Ellen C. Freidin, Miami, for appellant.

Lapidus & Stettin and Herbert Stettin, Miami, for appellee.

Before HENDRY, NESBITT and BASKIN, JJ.


HENDRY, Judge.

This is an appeal from a summary final judgment in favor of the defendant below in an action seeking damages, recision and cancellation of a contract for the sale of land on the grounds of fraudulent misrepresentation and breach of fiduciary duty. Appellant Levey, plaintiff in the court below, contends that genuine issues of fact exist precluding summary judgment. We agree and reverse.

Burton Levey and Michael Getelman were co-beneficiaries...

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