Opinion
No. 69-983.
May 19, 1970.
Appeal from Circuit Court, Dade County; J. Gwynn Parker, Judge.
Milton E. Grusmark, Miami Beach, and Natalie Baskin, Coral Gables, for appellants.
Richard L. Lapidus, Miami, for appellees.
Before PEARSON, C.J., and CHARLES CARROLL and SWANN, JJ.
Plaintiffs in an action for fraud and misrepresentation appeal a summary final judgment for the defendants. The pleadings, depositions and affidavits show that there is no genuine issue of any material fact. The appellees were entitled to a summary judgment as a matter of law because it was conclusively made to appear that the representation made was not fraudulent within the legal definition of that term. See Biscayne Boulevard Properties v. Graham, Fla. 1953, 65 So.2d 858; Finney v. Frost, Fla.App. 1969, 228 So.2d 617.
Affirmed.