Peebles v. Puig

Appellant, defendant below, R. Donahue Peebles, appeals a final judgment awarding Appellee, plaintiff below, Dora Puig, the amount of $423,100 in damages after a jury found Peebles liable for fraudulent misrepresentation. We reverse the judgment because Peebles’s conduct giving rise to Puig’s fraud claim was not independent, separate and distinct from the conduct forming the basis of Puig’s breach of contract claim.

I. Facts

The facts are not in dispute. In 2000, Puig, a licensed Florida real estate sales person, entered into an employment agreement with a real estate developer, Collins Avenue…