Bob Grice Insurance Agency, Inc. v. Owle

Full title: BOB GRICE INSURANCE AGENCY, INC., A FLORIDA CORPORATION, APPELLANT, v…

Court: District Court of Appeal of Florida, Fourth District

Date published: Jul 11, 1990

563 So. 2d 834 (Fla. Dist. Ct. App. 1990)

Opinion

No. 89-0631.

July 11, 1990.

Appeal from the Circuit Court for Indian River County; Charles E. Smith, Judge.

Janice A. Kelly of Haas, Boehm, Brown, Rigdon, Seacrest Fischer, P.A., Orlando, for appellant.

Charles A. Sullivan, Jr. of Sullivan, Sullivan, LaJoie Thacker, Vero Beach, for appellee.

PER CURIAM.

AFFIRMED.

ANSTEAD and GLICKSTEIN, JJ., concur.

STONE, J., dissents with opinion.

STONE, Judge, dissenting.

In my judgment, directing a verdict in favor of the plaintiff on this claim of fraudulent misrepresentation was an abuse of discretion. I would reverse. Lasby v. Wood, 274 So.2d 894 (Fla. 4th DCA 1973). Despite testimony by the defense witnesses favorable to the plaintiff, there remained disputed issues to be resolved by the jury concerning whether statements of the defendant's agent constituted intentional misrepresentation.