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Nobles v. Citizens Mortgage Corp.

District Court of Appeal of Florida, Second District
Dec 11, 1985
479 So. 2d 822 (Fla. Dist. Ct. App. 1985)

Summary

noting that it is well-established that "oral agreements or representations may be introduced into evidence to prove that a contract was procured by fraud notwithstanding . . . a merger clause."

Summary of this case from Antech Diagnostics, Inc. v. Tudin

Opinion

No. 85-809.

December 11, 1985.

Appeal from the Circuit Court, Pinellas County, Fred L. Bryson, J.

Roger C. Benson of The Law Firm of Roger C. Benson, P.A., St. Petersburg, for appellant.

Paul Friedman of Stuzin and Camner, P.A., St. Petersburg, for appellee.


Plaintiff appeals from a summary judgment granted in favor of defendant as to count II of plaintiff's complaint against defendant for damages. Count II was for fraudulently inducing plaintiff to enter into an employment contract. Count I, which was dismissed and is not before us on appeal, was for breach of that contract. We reverse.

The basis for the trial court's ruling appears to have been that a so-called merger clause in the contract, under which oral representations were to be merged into and subsumed by the written contract, prevented the introduction of parol evidence as to the alleged fraudulent misrepresentations by defendant to plaintiff. However, oral agreements or representations may be introduced into evidence to prove that a contract was procured by fraud notwithstanding such a merger clause. Cas-Kay Enterprises, Inc. v. Snapper Creek Trading Center, Inc., 453 So.2d 1147 (Fla. 3d DCA 1984). See also Pena v. Tampa Federal Savings Loan Association, 363 So.2d 815 (Fla. 2d DCA 1978).

Accordingly, at this stage of the litigation it cannot be concluded that there was no genuine issue of material fact and that defendant was entitled to a judgment as a matter of law.

Reversed and remanded for proceedings consistent herewith.

SCHEB, A.C.J., and SCHOONOVER, J., concur.


Summaries of

Nobles v. Citizens Mortgage Corp.

District Court of Appeal of Florida, Second District
Dec 11, 1985
479 So. 2d 822 (Fla. Dist. Ct. App. 1985)

noting that it is well-established that "oral agreements or representations may be introduced into evidence to prove that a contract was procured by fraud notwithstanding . . . a merger clause."

Summary of this case from Antech Diagnostics, Inc. v. Tudin

setting forth rules applicable to integration clauses

Summary of this case from John P. Adams Properties, Inc. v. BB T Corporation

In Nobles v. Citizens Mortgage Corp., 479 So.2d 822 (Fla. 2d DCA 1985), this court applied the well-established rule that alleged fraudulent misrepresentations may be introduced into evidence to prove fraud notwithstanding a merger clause in a related contract.

Summary of this case from Wilson v. Equitable Life Assurance Society of the United States
Case details for

Nobles v. Citizens Mortgage Corp.

Case Details

Full title:PAULINE J. NOBLES, APPELLANT, v. CITIZENS MORTGAGE CORPORATION, A FLORIDA…

Court:District Court of Appeal of Florida, Second District

Date published: Dec 11, 1985

Citations

479 So. 2d 822 (Fla. Dist. Ct. App. 1985)

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