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ALLIE v. IONATA

No. 81-1555.

417 So.2d 1077 (1982)

Robert C. ALLIE and Rosemary Allie, Appellants, v. Fred IONATA, et Ux., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied August 26, 1982.

Attorney(s) appearing for the Case

Walter A. Ketcham, Jr. of Walker, Buckmaster, Miller & Ketcham, P.A., Orlando, for appellants.

Gordon H. Harris and Herbert M. Hill of Gray, Harris & Robinson, P.A., Orlando, for appellees.

COBB, Judge.

The issue in this case concerns the applicability of the four-year statute of limitations found in section 95.11(3)(l),1 Florida Statutes, pertaining to rescission, to the facts in this case, wherein a trial jury found that there was no fraud. We hold that the trial court was in error, and reverse.

The appellant, Robert C. Allie, a defendant below, was the accountant for Dr. and Mrs. Fred Ionata and Fred Ionata...

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