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Court of Appeal of Florida, Fourth District
November 20, 2019, Decided
[*575] Per Curiam.
Rene Mantilla appeals an order granting summary judgment in favor of Raul Hernandez Fabian. Mantilla and Fabian jointly owned a business, and Mantilla eventually sold his fifty percent interest to Fabian. Mantilla later sued Fabian and other defendants alleging fraud in the inducement of the sale documents, among other claims. The trial court granted summary judgment based on a release executed at the time of the sale. We reverse.
"[O]ur supreme court has spoken clearly that no contract provision can preclude rescission on the basis of fraud in the inducement unless the contract provision explicitly states that fraud is not a ground for rescission." Lower Fees, Inc. v. Bankrate, Inc., 74 So. 3d 517, 520 (Fla. 4th DCA 2011) (citing Oceanic Villas, Inc. v. Godson, [*576] 148 Fla. 454, 4 So. 2d 689, 690 (Fla. 1941)). Because the release at issue does not "specifically and explicitly negate the right to bring" a fraudulent inducement claim, we reverse and [**2] remand for further proceedings. See id.
Reversed and remanded for further proceedings.
Ciklin, Gerber and Forst, JJ., concur.
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284 So. 3d 575 *; 2019 Fla. App. LEXIS 17516 **; 44 Fla. L. Weekly D 2793; 2019 WL 6151339
RENE MANTILLA, Appellant, v. RAUL HERNANDEZ FABIAN; MULTICULTURAL COMMUNITY MENTAL HEALTH CENTER, INC.; MANUEL SUAREZ; and MANUEL SUAREZ & ASSOCIATES, P.A., Appellees.
Subsequent History: Review denied by Fabian v. Mantilla, 2020 Fla. LEXIS 1076 (Fla., June 29, 2020)
Prior History: [**1] Appeal from the Circuit Court for the Fifteenth Judicial Circuit, Palm Beach County; Cymonie S. Rowe, Judge; L.T. Case No. 50-2014-CA-010389-XXXX-MB.
inducement, grant summary judgment, further proceedings, contract provision, rescission