FEINBERG v. NAILE

No. 89-2281.

561 So.2d 1307 (1990)

Mark FEINBERG and Rita M. Blanco, Appellants, v. Jean H. NAILE, Appellee.

District Court of Appeal of Florida, Third District.

May 29, 1990.


Attorney(s) appearing for the Case

Mallory H. Horton, for appellants.

No appearance for appellee.

Before BARKDULL, NESBITT and BASKIN, JJ.


BARKDULL, Judge.

Plaintiffs, Mark Feinberg and Rita M. Blanco, appeal the denial of their motion to elect to proceed in equity, seeking the remedy of recision.

Plaintiffs brought suit against Heftler Realty Co., the original builder of a home, and Jean H. Naile, the subsequent purchaser/seller of the property. Appellants alleged that implied warranties of habitability had been breached rendering the house unfit for its intended purpose as a residence. Appellants...

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