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GARESCHE v. TEXTURED COATINGS OF AM., INC.

No. 76-1952.

352 So.2d 1207 (1977)

Winston L. GARESCHE and Elizabeth Garesche, His Wife, Appellants, v. TEXTURED COATINGS OF AMERICA, INC., Etc., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 9, 1978.

Attorney(s) appearing for the Case

F. Hartselle Baker, Orlando, for appellants.

Ronald A. Cyril, of Nelson, Hesse, Cyril & Weber, Sarasota, for appellee Textured Coatings of America, Inc.

Pierre Lee Steward, Orlando, for appellee Blackton, Inc.

DAUKSCH, Judge.

Appellant sued the manufacturer, distributor and applicator of Tex-Cote, a fiberglass and asbestos material advertised to be an end to painting problems on house exteriors. The complaint alleges breach of warranty, fraud and negligence on the part of the various Defendants in the advertising, manufacturing and applying of the product. Upon a review of the evidence presented we find the court erred in directing a verdict for the Defendants.

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