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JACK BAKERY SERVICES, INC., APPELLANT, v. WESTERN TREATS MEAT MARKET INC., AND THOMAS K. IRELAND, INDIVIDUALLY AND AS SUCCESSOR CASTO DEVELOPERS, LTD., A FLORIDA LIMITED PARTNERSHIP, APPELLEES.

PER CURIAM.

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.

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JACK BAKERY SERV. v. WESTERN TREATS
(Sep 1, 1989)