SOMEPLACE NEW, INC. v. FRANCOIS

No. 4D09-4598.

51 So.3d 1215 (2011)

SOMEPLACE NEW, INC., a Florida corporation, Donald Edward Young, Jr., and Carolyn Jane Young, Appellants, v. Christiane FRANCOIS and Prime Plaza Boynton Beach, LLC, a Florida limited liability company, Appellees.

District Court of Appeal of Florida, Fourth District.

January 12, 2011.


Attorney(s) appearing for the Case

Christopher J. Rush of Christopher J. Rush & Associates, P.A., Boynton Beach, for appellants.

Carole Aronson of Carole Aronson, P.A., Boynton Beach, for appellees.


PER CURIAM.

Appellants, Someplace New, Inc., Donald Edward Young, Jr., and Carolyn Jane Young, challenge the dismissal of their second amended complaint, with prejudice, for failure to state a cause of action. The complaint alleged two counts. As to count I, alleging fraudulent misrepresentation, we reverse. As to count II, a claim alleging constructive fraud based on breach of fiduciary duty, we affirm without discussion.

This appeal stems from a contract...

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