Opinion
No. 88-0907.
July 26, 1989. Rehearing Denied September 1, 1989.
Appeal from the Circuit Court, Broward County, Richard D. Eade, J.
Edward J. O'Hare, Coral Springs, for appellant.
Leon D. Black, Jr., and Lauri Waldman Ross of Kelly, Black, Black, Byrne, Craig Beasley, P.A., Miami, for appellee-Thomas Ireland.
REVERSED. We agree with the appellant that its cross-claim states a cause of action for fraud. The appellant has alleged that the appellee-landlord, after it was placed on actual notice that its property was to be condemned, intentionally deceived the appellant-tenant into entering into an extended lease. We reject appellee's claim that it could have no obligation to disclose facts about the condemnation until a legal taking occurred. Cf. Johnson v. Davis, 480 So.2d 625 (Fla. 1985).
ANSTEAD and STONE, JJ., and FENNELLY, JOHN E., Associate Judge, concur.