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Max Foods, Inc. v. Wetterau Inc.

District Court of Appeal of Florida, First District
Aug 15, 1991
584 So. 2d 202 (Fla. Dist. Ct. App. 1991)

Opinion

No. 90-3743.

August 15, 1991.

Appeal from the Circuit Court for Escambia County, William H. Anderson, J.

Larry Hill, Moore, Hill Westmoreland, Pensacola, for appellants.

Robert A. Emmanuel and Erick M. Drlicka, Emmanuel, Sheppard Condon, Pensacola, for appellees Wetterau Inc. and Higdon Grocery Co.

John W. Merting, Pensacola, for appellees Roger Green, Mike Edwards and Green's IGA, Inc.


Appellants, the purchasers of two grocery stores in Escambia County, appeal the entry of three summary judgments in favor of appellees Wetterau, Inc. and Higdon Grocery Co. ("Wetterau") and appellees Roger Green, Mike Edwards, and Green's IGA, Inc. ("Green and Edwards"). We affirm.

Wetterau brought an action against appellants seeking damages and replevin after appellants failed to pay amounts due on promissory notes, goods sold and leases. Appellants answered, filed affirmative defenses, a counter complaint against Wetterau, and a third party complaint against Green and Edwards. In each of these pleadings, appellants contended they were the victims of actionable fraud and misrepresentations on the part of appellees. The trial court granted appellees' motions for summary judgment on the complaint, counter complaint, and third party complaint.

While the clear rule of law applicable to fraud issues is that trials are preferred over summary judgment, the mere allegation of fraud will not automatically entitle one to a trial. Peninsula Yacht Cay Dev., Inc. v. Southern Floridabanc Sav. Ass'n, 552 So.2d 1139 (Fla. 3d DCA 1989). Wetterau contends that the evidence adduced in support of the summary judgment motions conclusively negates a showing of actionable fraud. Our own thorough review of the record in this case gives no indication of the existence of genuine issues of material fact. We note with approval that the trial court made specific findings as to each allegation raised. Since we are unable to conclude that the trial court erred in its determination that no issue remained for trial, the summary judgments are affirmed.

SHIVERS and ZEHMER, JJ., concur.


Summaries of

Max Foods, Inc. v. Wetterau Inc.

District Court of Appeal of Florida, First District
Aug 15, 1991
584 So. 2d 202 (Fla. Dist. Ct. App. 1991)
Case details for

Max Foods, Inc. v. Wetterau Inc.

Case Details

Full title:MAX FOODS, INC., ET AL., APPELLANTS, v. WETTERAU INC., ET AL., APPELLEES

Court:District Court of Appeal of Florida, First District

Date published: Aug 15, 1991

Citations

584 So. 2d 202 (Fla. Dist. Ct. App. 1991)