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ZUCKERMAN-VERNON CORPORATION v. ROSEN

Nos. 82-421, 82-422.

436 So.2d 212 (1983)

ZUCKERMAN-VERNON CORPORATION, Appellant, v. Harry M. ROSEN, As Mayor of the City of Miramar, a Municipal Corporation; Richard Calhoun; Jerome F. Pollock; Emil Morton, As Trustee; Lottie Morton; Lawrence Morton As Trustee; Irma Morton; James Pace; Dixie Williams and City of Miramar, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied September 12, 1983.

Attorney(s) appearing for the Case

Edgar Miller and James G. Roth of Walters, Costanzo, Miller & Russell, Miami, and Douglas S. Lambeth, Fort Lauderdale, for appellant.

Marion E. Sibley of Sibley, Giblin, Levenson & Glaser, Miami Beach, for appellees Morton.

Thomas C. Heath of Hainline, Billing, Cochran & Heath, P.A., and Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Fort Lauderdale, for appellee Pollock.

PER CURIAM.

We affirm the final summary judgment entered in Case No. 82-421 on the authority of Wise v. Tucker, 399 So.2d 500 (Fla. 4th DCA 1981). The record reflects, without dispute, that the appellant had knowledge of the facts and circumstances allegedly forming the basis of a cause of action for fraud and deceit at a time when appellant was required to plead that cause as an affirmative defense or compulsory counterclaim...

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