Opinion

Heider v. Cooper Brown Oldsmobile, Inc.

  • 424 So. 2d 46
  • 1982 Fla. App. LEXIS 28599
Court
District Court of Appeal of Florida
Filed
Dec 7, 1982
Status
Published
Author
Baskin
On the bench
Baskin, Ferguson, Nesbitt
Cited by
0 cases
Authority
More cited than 26.0%

The opinion

BASKIN, Judge.

We affirm the summary judgment as to appellants’ claim for breach of an implied warranty of merchantability. With regard to the question of fraud, however, we find that the record contains depositions upon which a jury might conceivably conclude that General Motors’ conduct, in partially repairing the automobile purchased by appellant without revealing that it had been damaged, constitutes fraudulent concealment. A genuine issue of material fact remains. Nessim v. DeLoache, 384 So.2d 1341 (Fla. 3d DCA 1980). The summary judgment on the claim alleging fraud is reversed and the cause remanded for trial.

Affirmed in part and reversed in part.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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