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FIRST AMERICAN TITLE INS. CO. v. KESSLER

No. 83-946.

452 So.2d 35 (1984)

FIRST AMERICAN TITLE INSURANCE COMPANY, Appellant, v. Harold KESSLER, Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied in Part, Rehearing Granted in Part, Opinion Clarified June 26, 1984.

Attorney(s) appearing for the Case

Taub & Williams and Theodore C. Taub, Tampa, for appellant.

Podhurst, Orseck, Parks, Josefsberg, Eaton, Meadow & Olin and Joel D. Eaton, Miami, for appellee.

Before HUBBART, NESBITT and DANIEL S. PEARSON, JJ.

DANIEL S. PEARSON, Judge.

Convinced that the record reveals genuine issues of material fact, we reverse a summary judgment which determined that First American Title Insurance Company is liable to Harold Kessler, Trustee, the plaintiff below, under policies issued by First American insuring Kessler's title to certain real property.

I.

The properties in question are five apartments in a building which had been converted into a condominium by its then...

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