Opinion
Nos. 80-2503, 81-1044.
December 7, 1982. Rehearing Denied January 19, 1983.
Appeal from the Circuit Court, Dade County, Leonard Rivkind, J.
Stephens, Lynn, Chernay Klein and Robert Klein and Michael C. Mattson, Miami, for appellants.
Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara McCoy and Richard A. Sherman, Miami, for appellees.
Before NESBITT, BASKIN and FERGUSON, JJ.
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.