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APPALACHIAN, INC. v. OLSON

Nos. 84-57, 84-58.

468 So.2d 266 (1985)

APPALACHIAN, INC., Carrie Mountain, Inc., Appalachian Joint Venture, Commander, Legler, Werber, Dawes & Sadler, P.A., and Lawyers Professional Liability Insurance Company, Appellants, v. James D. OLSON, Appellee. APPALACHIAN, INC., Appalachian Joint Venture, Carrie Mountain, Inc., Commander, Legler, Werber, Dawes & Sadler, P.A., and Lawyers Professional Liability Insurance Company, Appellants, v. E. Wayne Ackmann, et al., Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied May 1, 1985.

Attorney(s) appearing for the Case

Eugene E. Stearns and Alan H. Fein of Arky, Freed, Stearns, Watson, Greer, Weaver & Harris, P.A., Miami, and James E. Aker of Icard, Merrill, Cullis, Timm & Furen, P.A., Sarasota, for appellants Appalachian, Inc., Carrie Mountain, Inc., and Appalachian Joint Venture.

Charles P. Schropp and Mark P. Buell of Shackleford, Farrior, Stallings & Evans, P.A., Tampa, for appellants Commander, Legler, Werber, Dawes & Sadler, P.A., and Lawyers Professional Liability Ins. Co.

Steven J. Chase and Terri Jayne Salt of Drymon, Bennett & Chase, P.A., Sarasota, for appellee Olson.

David J. Baron of Fergeson, Skipper & Shaw, Keyser, Baron & Tirabassi, P.A., and Johnson S. Savary of Kirk, Pinkerton, Savary, Carr & Strode, P.A., Sarasota, for appellees Ackmann, et al.

OTT, Judge.

This appeal is from a summary judgment wherein the trial court granted rescission of certain contracts to purchase condominium units. The trial court found that the federal Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701 et seq. (1982) ("the Act"), was applicable to appellants' condominium project. The trial court also found that equitable defenses raised by appellants were insufficient as a matter of law to bar summary judgment...

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