Opinion
No. W-420.
April 28, 1976. Rehearing Denied March 18, 1976.
Appeal from Circuit Court, Duval County; Roger J. Waybright, Judge.
Barry S. Sinoff and C. Wayne Alford of Jacobs, Sinoff, Edwards, Alford Burgess, Jacksonville, for appellant.
S. Gordon Blalock of Blalock, Holbrook, Lewis, Paul Issac, Jacksonville, for appellee.
Upon considering the briefs, the record, and oral argument, we find no reversible error.
Accordingly, the final judgment is affirmed.
RAWLS and MILLS, JJ., concur.
BOYER, C.J., concurs in part and dissents in part.
I am of the view that the able and learned trial judge erred in dismissing Appellant's Amended Counterclaim, Count 1 of which alleged a breach by Plaintiff (Appellee here) of the subject lease; Count 2 of which sufficiently alleged fraud in the inducement and Count 3 of which alleged a cause of action in negligence. I would therefore reverse as to that point. I otherwise concur.