Citations
- 757 So. 2d 1253
Full opinion text
SHAHOOD, J.
Appellants, Anthony Attanasio, Roxanne Attanasio, Joseph Walker, Donna Walker, Mark Antecki, Lori Antecki, Bruce Fisher, Charlene Fisher, Charles Ciccone, Margaret Ciccone, Greg Haley, Margaret Haley, Herbert Pachtinger, Rosalie Pachtinger, Fereidoun Mansouri, Lutecia Mansouri, Michael Dowling, Michele Dowling, Scott Wauters, Jan Wauters, Jean-Jacques Volker, Charlene Volker, John Haas, Vicki Haas, Joaquin Oti, and Vicki Oti (collectively “appellants”) filed a seven-count complaint against Excel Development Corporation, Excel Development Corporation as general partner of Excel Harbour Limited Partnership, a Florida limited partnership, and Excel Development Corporation, as general partner of Excel Harbour Limited Partnership, a Delaware limited partnership (collectively, “Excel”) alleging, among other things, that Excel fraudulently induced appellants to enter into real estate contracts, and made negligent misrepresentations concerning the real estate ultimately purchased by appellants. The alleged misrepresentations were
1. that there would be a 30-foot easement at the rear part of appellants’ lots,
2. that appellants would have use of the canal bordering the rear of their lots,
3. that the wooded area to the rear of appellants’ lots would bé allowed to grow and act as a natural buffer, and
4. that the maintenance fees paid to the Mission Bay Homeowners’ Association would cover the costs for water usage on the underground sprinkler system which was a standard feature on the Harbour Springs homes, and that the sprinkler system obtained water from the various lakes in the area.
Excel affirmatively defended the complaint arguing that the claims were barred by the Statute of Frauds. Excel then moved for partial summary judgment on the fraud and negligent misrepresentation counts on the basis that the claims were barred by the Statute of Frauds. For purposes of the motion for summary judgment, Excel stipulated to (1) the misrepresentations, (2) the fact that appellants were induced by the misrepresentations into entering into their contracts, (3) the fact that a majority of the trees in the wooded area were being removed, and (4) the fact that a six-foot opaque fence had been installed at the edge of each lot along the canal. Excel also did not contest the following deposition testimony of Anthony Attanasio, and any similar testimony of other plaintiffs, which formed the basis for the fraud and negligent misrepresentations counts:
a. that there would be a twenty-five (25) foot landscape buffer easement at the rear part of the lot;
b. that he would have the use of the land behind his house that bordered the canal, as well as use of the canal itself;
c. that the wooded area to the rear of his lot would be allowed to grow and act as a natural buffer, and that the trees growing there would not be removed;
d. that the sprinkler system for his lot would obtain water from the canal or a nearby lake, which would prove beneficial because it would free him from any water bills
e. Because of the purported benefit provided by the canal lots, the Defendants were charging a lot premium
f. The lot premium originally charged for Mr. Attanasio’s lot was $11,000. Although Mr. Attanasio advised the sales agent that this price was too high, the agent explained that “it was well worth it because you had access to the canal and a lot of benefits that you wouldn’t have on another lot.” To avoid losing the sale, the agent said he’d “do (Mr. Attanasio) a favor” and reduce the premium to $8,000.00.”
Excel also alleged in its motion that there was no genuine issue of material fact in that the purchase agreement stated the following:
a. This agreement constitutes the entire Agreement between the parties. All amendments, supplements, or riders hereto, if any, shall be in writing and executed by both parties. (