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APPALACHIAN, INC. v. ACKMANN

No. 85-2984.

507 So.2d 150 (1987)

APPALACHIAN, INC., Carrie Mountain, Inc., and Appalachian Joint Venture, and Commander Legler, Werber, Dawes & Sadler, P.A., and Lawyers Professional Liability Insurance Company, Appellants, v. E. Wayne ACKMANN, Roland V. Askins, Robert D. Britigan and Dorothy R. Britigin, Husband and Wife, Charles Desenberg, Trustee, Alberto Esguerra, Aaron Fleck and Barbara Fleck, Husband and Wife, Barry W. Karas, Nicholas Litchin, Judson D. Moulton, J. Brian Murphy, M.D., Horace Norrell, M.D., Rose Orbits, John B. Ross and Ann T. Ross, Husband and Wife, Arthur N. Ryan and Elizabeth K. Ryan, Husband and Wife, Jack B. Sewell, M.D., Ralph A. Vitale, Daniel Weber and Shirley Weber, Husband and Wife, Miriam O. Weiss, and Larry Byrd, et al., Appellees.

District Court of Appeal of Florida, Second District.

May 8, 1987.

Attorney(s) appearing for the Case

Alan H. Fein of Stearns, Weaver, Miller, Weissler, Alhadeff & Sitterson, Miami, for appellants Appalachian, Inc., Carrie Mountain, Inc., and Appalachian Joint Venture.

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

Julian Clarkson of Holland & Knight, Tallahassee, and Johnson S. Savary of Kirk, Pinkerton, Savary, Carr & Strode, Sarasota, for appellees Ackmann, et al.

Robert C. Widman of Nelson, Hesse, Cyril, Smith, Widman & Herb, Sarasota, for appellee Byrd.

FRANK, Judge.

The appellants, collectively referred to as "Appalachian," were the developers of a condominium project in Sarasota County. The appellees contracted to buy individual units, and are identified below as the "purchasers."

In the course of vending the condominium units, Appalachian failed to comply with the Interstate Land Sales Full Disclosure Act, 15 U.S.C. § 1701, et seq. (ILSA). Section 1703(a)(1)(B) of that statute permits a buyer...

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