GUARANTY BANK, S.S.B. v. HEIMANN

No. 95-3083.

683 So.2d 1082 (1996)

GUARANTY BANK, S.S.B., Appellant/Cross-Appellee, v. Amy HEIMANN, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied December 16, 1996.


Attorney(s) appearing for the Case

Ronald S. Holliday and Lewis J. Conwell of Rudnick & Wolfe, Tampa, for Appellant/Cross-Appellee.

Cheryl L. Virta of Crabtree, Bartlett, Heekin and Christopher A. White, Jacksonville, for Appellee/Cross-Appellant.


HARRIS, Judge.

The issue in this case is the amount of damages that one must pay when another properly relies to his detriment on one's innocent misrepresentation of fact. Amy Heimann (Heimann) asserts, and the trial court agreed, that if she can show misrepresentation of fact, reliance, and some injury, she is entitled to the entire fund created by the bank's error. We disagree and hold that the appropriate amount of damages is that amount, and only that amount...

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