Mike Brooks Car World, Inc. v. Sudduth

THOMPSON, Presiding Judge,

concurring in the result, dissenting from the rationale, and dissenting from the instructions on remand.

In reversing the trial court’s judgment, the main opinion relies on the principle that a party cannot be said to have reasonably relied on a fraudulent oral representation if that representation is contradicted by a writing. Because I do not agree that that principle is applicable to the present case, I respectfully dissent from the rationale of the main opinion as well as from the main opinion’s instructions to the trial court on remand. For separate reasons,…