
    ZUCKERMAN-VERNON CORPORATION, Appellant, v. Harry M. ROSEN, as Mayor of the City of Miramar, a municipal corporation; Richard Calhoun; Jerome F. Pollock; Emil Morton, as Trustee; Lottie Morton; Lawrence Morton as Trustee; Irma Morton; James Pace; Dixie Williams and City of Miramar, Appellees.
    Nos. 82-421, 82-422.
    District Court of Appeal of Florida, Fourth District.
    June 15, 1983.
    Rehearing Denied Sept. 12, 1983.
    Edgar Miller and James G. Roth of Walters, Costanzo, Miller & Russell, Miami, and Douglas S. Lambeth, Fort Lauderdale, for appellant.
    Marion E. Sibley of Sibley, Giblin, Leven-son & Glaser, Miami Beach, for appellees Morton.
    Thomas C. Heath of Hainline, Billing, Cochran & Heath, P.A., and Nancy Little Hoffmann of Nancy Little Hoffmann, P.A., Fort Lauderdale, for appellee Pollock.
   PER CURIAM.

We affirm the final summary judgment entered in Case No. 82-421 on the authority of Wise v. Tucker, 399 So.2d 500 (Fla. 4th DCA 1981). The record reflects, without dispute, that the appellant had knowledge of the facts and circumstances allegedly forming the basis of a cause of action for fraud and deceit at a time when appellant was required to plead that cause as an affirmative defense or compulsory counterclaim in prior legal proceedings pending between these same parties.

We also affirm the final summary judgment entered in Case No. 82-422 because we find no evidence to support appellant’s claim of fraud and conspiracy against the city attorney. Although there is considerable evidence of negligence on the part of the attorney, our review of the record reveals no evidence of the elements of fraud. See e.g. Vance v. Indian Hammock Hunt & Riding Club, Ltd., 403 So.2d 1367 (Fla. 4th DCA 1981).

ANSTEAD, GLICKSTEIN and HURLEY, JJ., concur.  