OUTPUT, INC. v. DANKA BUSINESS SYSTEMS, INC.

No. 4D07-2008.

991 So.2d 941 (2008)

OUTPUT, INC., Appellant, v. DANKA BUSINESS SYSTEMS, INC., and Canon U.S.A., Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

September 3, 2008.


Attorney(s) appearing for the Case

Mark F. Booth of Rogers, Morris & Ziegler, LLP, for appellant.

Thomas M. Wood and Eoghan "Owen" P. McGill of Shumaker, Loop & Kendrick, LLP, Tampa, for appellee Danka Business Systems, Inc.

Christopher N. Bellows, Marilyn J. Holifield, and Peter Nemerovski of Holland & Knight LLP, Miami, for appellee Canon U.S.A., Inc.


GERBER, JONATHAN D., Associate Judge.

This appeal presents the question of whether a plaintiff can state a cause of action for fraudulent misrepresentation when the defendant's alleged misrepresentation is included in a later contract to which the defendant is not a party. We hold that a plaintiff can state such a cause of action under the facts of this case.

The trial court's final judgment provides a very detailed description of the facts. In 2002, Pamela...

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