TERRAPIN PENSACOLA LLC LLC LLC LLC LLC v. WEST FLORIDA VILLAGE INN INC (2005)

District Court of Appeal of Florida,First District.

TERRAPIN PENSACOLA LLC, Mel Pensacola LLC, Maven Pensacola LLC, Yohai Pensacola LLC, Weiss Pensacola LLC, Appellants, v. WEST FLORIDA VILLAGE INN, INC. and Rebecca Celano, Appellees.

No. 1D04-3335.

Decided: April 29, 2005

John B. Trawick of Shell, Fleming, Davis & Menge, Pensacola, for Appellants. Robert O. Beasley of Litvak, Beasley & Wilson, LLP, Pensacola, for Appellees.

Appellants, who alleged below that appellees fraudulently and negligently misrepresented information that would have been material to appellants' decision to purchase a hotel from appellees, seek review of the trial court's grant of appellees' motion for judgment on the pleadings. The trial court's grant of judgment on the pleadings rested on its conclusion that the subject sale was of only real property in the form of land, hotel and fixtures. Because the record does not support a conclusion as a matter of law that the subject sale did not in any way involve the business stream of the hotel being purchased, judgment on the pleadings was improper on these facts. See New York State Dep't of Taxation & Fin. v. Klein, 852 So.2d 866, 867 (Fla. 4th DCA 2003). Accordingly, we reverse and remand for further proceedings.

PER CURIAM.

WOLF, C.J., DAVIS and BROWNING, JJ., concur.

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