# Heider v. Cooper Brown Oldsmobile, Inc.

> District Court of Appeal of Florida · December 7, 1982 · 424 So. 2d 46

URL: https://www.frixlaw.com/law-library/cases/7522675

## Case

- **Full name:** Ramona HEIDER and George Heider, her husband v. COOPER BROWN OLDSMOBILE, INC., a Florida corporation, and General Motors Corporation, a foreign corporation
- **Court:** District Court of Appeal of Florida
- **Decided:** December 7, 1982
- **Citations:** 424 So. 2d 46; 1982 Fla. App. LEXIS 28599
- **Precedential status:** Published
- **Opinion:** Opinion of the court by Baskin
- **Judges:** Baskin, Ferguson, Nesbitt
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/7522675

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/7522675. Public record. Not legal advice.