KALMANOWITZ v. AMERADA HESS CORPORATION

No. 4D10-4970.

125 So.3d 836 (2013)

Stuart KALMANOWITZ and Kings Highway GCS, LLC, Appellants, v. AMERADA HESS CORPORATION, and Tim Brink, individually, Appellees.

District Court of Appeal of Florida, Fourth District.

April 3, 2013.


Attorney(s) appearing for the Case

Marjorie Gadarian Graham of Marjorie Gadarian Graham, P.A., Palm Beach Gardens, and Chad Hastings of Lesser Lesser Landy & Smith, West Palm Beach, for appellants.

Barry R. Davidson , Thomas R. Julin and Patricia Acosta of Hunton & Williams LLP, Miami, for appellee Amerada Hess Corporation.


POLEN, J.

The issue addressed in this appeal involves the relation back doctrine and its application in a dispute arising from a commercial transaction. Appellant, purchaser/franchisee of a gas station/convenience store, sued franchisor Amerada Hess Corporation ("Hess") on multiple grounds based on alleged misrepresentations made by its employee, which purchaser claimed induced him to enter into the written agreement. The trial court ultimately entered final summary...

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