Dentaland v. St. Stephen Limited

Full title: DENTALAND, P.A., Appellant, vs. ST. STEPHEN LIMITED PARTNERSHIP, by and…

Court: District Court of Appeal of Florida, Third District

Date published: Apr 14, 1999

729 So. 2d 1012 (Fla. Dist. Ct. App. 1999)

Opinion

No. 98-1175

Opinion filed April 14, 1999. JANUARY TERM, A.D. 1999

An appeal from the Circuit Court for Dade County, Steve Levine, Judge, L.T. NO. 97-23088.

Mishan, Sloto, Greenberg, Hellinger Udolf, P.A., and Carol L. Cox, and Alan M. Burger, for appellant.

McDermott, Will Emery, and Suzanne H. Youmans, and Dianne O. Fischer, for appellee.

Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ.

PER CURIAM.

Since a party to a contract may not recover in fraud for alleged oral misrepresentations that have been adequately addressed or expressly contradicted in a later written contract,see Hillcrest Pacific Corp. v. Yamamura, 24 Fla. L. Weekly D520, 521 (Fla. 4th DCA Feb. 24, 1999);Englezios v. Batmasian, 593 So.2d 1077, 1078 (Fla. 4th DCA 1992); Saunders Leasing Sys., Inc. v. Gulf Cent. Distribution Ctr., Inc., 513 So.2d 1303, 1306-07 (Fla.2d DCA 1987); see also Schubot v. McDonalds Corp., 757 F. Supp. 1351, 1356 (S.D. Fla. 1990), the fraud action was properly dismissed for failure to state a cause of action. We therefore affirm.

Affirmed.