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NICHOLSON v. KELLIN

No. 84-1834.

481 So.2d 931 (1985)

Anthony J. NICHOLSON, et al., Appellants, v. Walter KELLIN, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied January 23, 1986.

Attorney(s) appearing for the Case

David H. Simmons and Susan W. Gibson, of Drage, deBeaubien, Milbarth & Simmons, Orlando, for appellants.

William L. Rogers, of Barrett & Rogers, Miami, for appellees.

UPCHURCH, Judge.

Appellants Nicholson and Ariko appeal from a final order dismissing their fifth amended complaint against appellees Walter Kellin, Mitchell Lipshultz and Harriette Lipshultz. Nicholson and Ariko contend that this complaint which charged Kellin and the Lipshultzes with fraud and misrepresentation should not have been dismissed. We agree.

The complaint against Kellin and the Lipshultzes contained the following relevant allegations:

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