PINZL v. LAPOINTE

No. 82-658.

426 So.2d 65 (1983)

David PINZL and Diana Pinzl, Appellants, v. Donald LAPOINTE and Deliah Lapointe, Appellees.

District Court of Appeal of Florida, Fifth District.

February 2, 1983.


Attorney(s) appearing for the Case

Edward A. Broyles, Forest City, for appellants.

Mark O. Cooper of Bornstein, Petree, Brooks, Cooper & Marks, Orlando, for appellees.


SHARP, Judge.

We reverse this judgment which dismissed appellants' amended complaint for failure to state a cause of action in fraud or misrepresentation. The lower court ruled that, because the complaint alleged the appellants knew of a discrepancy between the accountant's figures on gross income and the appellees' figures, as a matter of law they waived their claim against appellees. Reliance on misrepresentations and a duty to inquire are usually determinations...

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