DENTALAND v. ST STEPHEN LIMITED PARTNERSHIP LEF DELRAY MALL LTD (1999)

District Court of Appeal of Florida,Third District.

DENTALAND, P.A., Appellant, v. ST. STEPHEN LIMITED PARTNERSHIP, by and through LEF/DELRAY MALL, LTD., and David A. Friedman, Appellees.

No. 98-1175.

Decided: April 14, 1999

Before SCHWARTZ, C.J., and JORGENSON and GREEN, JJ.

Mishan, Sloto, Greenberg, Hellinger & Udolf, P.A., and Carol L. Cox, and Alan M. Burger, Miami, for appellant. McDermott, Will & Emery, and Suzanne H. Youmans, and Dianne O. Fischer, Miami, for appellee.

Since a party to a contract may not recover in fraud for alleged oral misrepresentations that have been adequately addressed or expressly contradicted in a later written contract, see Hillcrest Pacific Corp. v. Yamamura, 24 Fla. L. Weekly D520, 521, 727 So.2d 1053, 1056 (Fla. 4th DCA 1999); Englezios v. Batmasian, 593 So.2d 1077, 1078 (Fla. 4th DCA 1992); Saunders Leasing Sys., Inc. v. Gulf Cent. Distribution Ctr., Inc., 513 So.2d 1303, 1306-07 (Fla. 2d DCA 1987); see also Schubot v. McDonalds Corp., 757 F.Supp. 1351, 1356 (S.D.Fla.1990), the fraud action was properly dismissed for failure to state a cause of action. We therefore affirm.

Affirmed.

PER CURIAM.

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