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Terrapin Pensacola LLC v. West Florida Village Inn, Inc.

Citations: 901 So. 2d 307; 2005 Fla. App. LEXIS 6127; 2005 WL 991629Docket: No. 1D04-3335

Court: District Court of Appeal of Florida; April 29, 2005; Florida; State Appellate Court

Narrative Opinion Summary

Appellants alleged that appellees fraudulently and negligently misrepresented information critical to their decision to purchase a hotel. They sought review of the trial court's ruling that granted appellees' motion for judgment on the pleadings, which the trial court based on its determination that the sale involved only real property, specifically land, the hotel, and its fixtures. However, the appellate court found that the record did not support a conclusion that the sale excluded the business operations of the hotel. Therefore, the judgment on the pleadings was deemed improper. The appellate court reversed the trial court's decision and remanded the case for further proceedings.

Legal Issues Addressed

Appellate Review and Remand

Application: The appellate court reversed the trial court's decision and remanded the case for further proceedings due to the improper judgment on the pleadings.

Reasoning: Therefore, the judgment on the pleadings was deemed improper. The appellate court reversed the trial court's decision and remanded the case for further proceedings.

Fraudulent and Negligent Misrepresentation

Application: The appellants claimed that the appellees misrepresented critical information necessary for making an informed decision about purchasing a hotel.

Reasoning: Appellants alleged that appellees fraudulently and negligently misrepresented information critical to their decision to purchase a hotel.

Judgment on the Pleadings

Application: The trial court granted the appellees' motion for judgment on the pleadings based on its determination that the sale involved only real property.

Reasoning: They sought review of the trial court's ruling that granted appellees' motion for judgment on the pleadings, which the trial court based on its determination that the sale involved only real property, specifically land, the hotel, and its fixtures.

Scope of Property Sale

Application: The appellate court found that the sale did not exclude the business operations of the hotel, contrary to the trial court's conclusion.

Reasoning: However, the appellate court found that the record did not support a conclusion that the sale excluded the business operations of the hotel.