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SIMMONS v. OWENS

No. HH-323.

363 So.2d 142 (1978)

Stanley H. SIMMONS and Jane Anne Simmons, Appellants, v. Billy OWENS, Appellee.

District Court of Appeal of Florida, First District.

Rehearing Denied October 31, 1978.

Attorney(s) appearing for the Case

Terry P. Lewis, Tallahassee, for appellant.

Carl R. Pennington, Jr., and Davisson F. Dunlap, Jr., of Pennington, Wilkinson & Sauls, Tallahassee, for appellee.

MILLS, Acting Chief Judge.

The Simmons filed a complaint against Owens alleging that: Owens, a building contractor, constructed and sold a house to Snead; Owens negligently constructed the house contrary to the City of Tallahassee building code in that the clearance between the wood siding on a portion of the house and the ground was less than six inches; the defect was a latent defect which was not discoverable by reasonable inspection and was not discovered by Snead...

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