BRUCE v. STORK'S NEST, INC.

No. 85-107.

477 So.2d 51 (1985)

Robert G. BRUCE and Nancy K. Bruce, Appellants, v. STORK's NEST, INC., a Florida Corporation, Jean B. England and Douglas England, Appellees.

District Court of Appeal of Florida, Second District.

October 23, 1985.


Attorney(s) appearing for the Case

David J. DuPree of Bigelow & Winessett, Fort Myers, for appellants.

No appearance for appellees.


DANAHY, Judge.

The Bruces sued for rents due them as sublessors of commercial property. In the amended final judgment before us, appellees, sublessees of the property, were awarded damages on their counterclaim. The Bruces contend that the trial court should have directed a verdict in their favor on the counterclaim. We agree and reverse.

Appellees' counterclaim was founded on three theories: (1) fraudulent misrepresentation of the premises; (2) intentional...

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