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ALLINGTON TOWERS NORTH v. WEISBERG

Nos. 82-338, 82-709 and 82-769.

452 So.2d 1122 (1984)

ALLINGTON TOWERS NORTH, INC., Philip Seidler and Helen Seidler, His Wife; Alvin W. Rosenthal, Charles Jacobs and Morris Weinfeld, Appellants, v. S.A. WEISBERG and S.A. Weisberg, Inc., et al., Appellees. ALLINGTON TOWERS CONDOMINIUM NORTH, INC., Appellant, v. ALLINGTON TOWERS NORTH, INC., and Westinghouse Electric Corporation, Appellees. ALLINGTON TOWERS NORTH, INC., Philip Seidler and Helen Seidler, His Wife; Alvin W. Rosenthal, Charles Jacobs and Morris Weinfeld, Appellants, v. ALLINGTON TOWERS CONDOMINIUM NORTH, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

July 13, 1984.

Attorney(s) appearing for the Case

Alvin Capp of Capp, Reinstein, Kopelowitz & Atlas, P.A., Fort Lauderdale, for Allington Towers North, Inc., et al.

Steven A. Colsky of Martin D. Kahn, P.A., North Miami, for S.A. Weisberg and S.A. Weisberg, Inc.

Paul R. Regensdorf of Fleming, O'Bryan & Fleming, Fort Lauderdale, for Allington Towers Condominium North, Inc.

Thomas R. Spencer, Jr., of Spencer, Bernstein & Seemann, Coral Gables, for Westinghouse Elec. Corp.

John R. Hargrove of McCune, Hiaasen, Crum, Ferris & Gardner, P.A., Fort Lauderdale, for The Ceco Corp.

John A. Shughart, Jr., of Welbaum, Zook, Jones & Williams, Miami, for Aetna Drywall Contractors, Inc.

UPON MOTION FOR REHEARING

PER CURIAM.

The petition for rehearing is granted.

Left unanswered from our prior pronouncements in this cause, 439 So.2d 891, is a question of some poignance. Distilled to its essence, thus avoiding protracted discussion of the facts, the question is: When the apartment owners of a newly erected condominium sue the builder for defective construction and the builder seeks indemnity from...

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