HEIDER v. COOPER BROWN OLDSMOBILE, INC.

Nos. 80-2503, 81-1044.

424 So.2d 46 (1982)

Ramona HEIDER and George Heider, Her Husband, Appellants, v. COOPER BROWN OLDSMOBILE, INC., a Florida Corporation, and General Motors Corporation, a Foreign Corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied January 19, 1983.


Attorney(s) appearing for the Case

Stephens, Lynn, Chernay & Klein and Robert Klein and Michael C. Mattson, Miami, for appellants.

Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy and Richard A. Sherman, Miami, for appellees.

Before NESBITT, BASKIN and FERGUSON, JJ.


BASKIN, Judge.

We affirm the summary judgment as to appellants' claim for breach of an implied warranty of merchantability. With regard to the question of fraud, however, we find that the record contains depositions upon which a jury might conceivably conclude that General Motors' conduct, in partially repairing the automobile purchased by appellant without revealing that it had been damaged, constitutes fraudulent concealment. A genuine issue of material fact remains...

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