
    Gurth G. WEST, Robert Grossman and Carolyn Grossman, Appellants, v. Frank D. TOLIN and Beatrice Tolin, Appellees.
    No. 69-983.
    District Court of Appeal of Florida, Third District.
    May 19, 1970.
    Milton E. Grusmark, Miami Beach, and Natalie Baskin, Coral Gables, for appellants.
    Richard L. Lapidus, Miami, for appel-lees.
    Before PEARSON, C. J., and CHARLES CARROLL and SWANN, JJ.
   PER CURIAM.

Plaintiffs in an action for fraud and misrepresentation appeal a summary final judgment for the defendants. The pleadings, depositions and affidavits show that there is no genuine issue of any material fact. The appellees were entitled to a summary judgment as a matter of law because it was conclusively made to appear that the representation made was not fraudulent within the legal definition of that term. See Biscayne Boulevard Properties v. Graham, Fla.1953, 65 So.2d 858; Finney v. Frost, Fla.App.1969, 228 So.2d 617.

Affirmed.  