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SCHMECK v. SEA OATS CONDO. ASS'N, INC.

No. 82-896.

441 So.2d 1092 (1983)

Donald B. SCHMECK and Gloria Schmeck, His Wife, and Frederick G. Lippold and Janet Lippold, His Wife, Appellants, v. The SEA OATS CONDOMINIUM ASSOCIATION, INC., Appellee/Cross-Appellant, and Sea Oats Developer, Inc., a Florida Corporation, Appellee/Cross-Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearings Denied December 7, 1983.

Attorney(s) appearing for the Case

Thomas R. Hess, of Ossinsky, Krol & Hess, Daytona Beach, for appellants.

William G. Norwich, of Gralla & Norwich, Cocoa Beach, for appellee/cross-appellee, Sea Oats Developer, Inc.

James S. Theriac, III, of Holcomb, Theriac & Steinberg, Merritt Island and S. Lindsey Holland, Jr., of Crofton, Holland, Starling, Harris & Severs, P.A., Melbourne, for appellee/cross-appellant.

SHARP, Judge.

Gloria and Donald Schmeck, and Janet and Frederick Lippold, owners of two condominiums in the Sea Oats Condominium, and the Sea Oats Condominium Association, Inc., appeal and cross-appeal from a judgment rendered after a non-jury trial. The lower court denied the condominium unit owners and the association any damages against Sea Oats Developers, Inc., the company that built and sold the condominium, for various construction defects in the

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