POOLE v. CRABTREE

No. 89-1278.

566 So.2d 597 (1990)

Rita POOLE, Appellant, v. Randy CRABTREE, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

September 13, 1990.


Attorney(s) appearing for the Case

Bruce A. Hochstetler, Daytona Beach, for appellant.

Walter B. Dunagan, Daytona Beach, for appellees.


GRIFFIN, Judge.

This is an appeal from a summary judgment rendered in favor of one of the defendants below on claims for conversion and fraud. We reverse.

It appears that the lower tribunal entered summary judgment on the basis that the plaintiff's agreement to sell the 1983 Oldsmobile to the codefendant (appellee's son) for the amount she had invested constituted a "novation" that would supersede her claims for fraud and conversion. In order for such an agreement...

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