Opinion
No. 94-3338.
September 6, 1995.
Appeal from the Circuit Court, Broward County, Mel Grossman, J.
Richard A. Sherman and Rosemary B. Wilder of Law Offices of Richard A. Sherman, P.A., and James H. Wakefield of James H. Wakefield Assoc., P.A., Fort Lauderdale, for appellant.
Jack F. Weins and David H. Schulson of Abrams, Anton, Robbins, Resnick Schneider, P.A., Hollywood, for appellee.
We reverse the final summary judgment in favor of appellee on this suit claiming fraudulent misrepresentation and damages arising out of appellant's alleged purchase of a 1983 Toyota auto from a third party, and Koons Ford's alleged misrepresentation of a false auto theft report which ultimately led to the police impounding and disposing of the car. There are material issues of fact which would preclude summary judgment. See Moore v. Morris, 475 So.2d 666 (Fla. 1985). Inter alia, there are factual issues relating to whether appellant has standing to bring this action.
WARNER, J., concurs.
GUNTHER, C.J., dissents without opinion.