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ACCENT HOMES, INC. v. NARCO REALTY, INC.

No. 89-0532.

566 So.2d 5 (1990)

ACCENT HOMES, INC., Woodvale Management Corp., Woodvale at Cypress Head, Inc., Hearthstone at Cypress Head, Dupree General Contractors, Inc., Foglia Construction Company Inc., and Foglia-Dupree Custom Homes, a Florida General Partnership, by and through Its General Partners, Dupree General Contractors, Inc., and Foglia Construction Company, Inc., Appellants, v. NARCO REALTY, Inc., Arthur Rutenberg Corporation, a Florida Corporation, and As General Partner of Rutenberg-Boca, Ltd., a Florida Limited Partnership, Cypresshead Realty, Inc., Ronald Nunes and Allan Sones, James R. Allen, National Development Corporation and Allomon Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Clarification and Rehearing Denied September 18, 1990.

Attorney(s) appearing for the Case

Kevin J. O'Grady, Kenneth E. White, and John R. Keller of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellants.

Scott C. Ilgenfritz and F. Wallace Pope, Jr., of Johnson Blakely, Pope, Bokor, Ruppel & Burns, P.A., Clearwater, for appellees-Arthur Rutenberg Corp. and Rutenberg-Boca, Ltd.

J. Cameron Story, III of McCune, Hiaasen, Crum, Gardner & Duke, Fort Lauderdale, for appellee-National Development Corp.

Gerald L. Knight and Robert E. Ferris, Jr., of Gustafson, Stephens, Ferris, Forman & Hall, P.A., Fort Lauderdale, for appellees-Narco Realty, Inc., Cypresshead Realty, Inc., Ronald Nunes, Allan Sones, and James R. Allen.

PER CURIAM.

The appellants sufficiently allege within the four corners of their second amended complaint the elements for fraud, misrepresentation, civil conspiracy and RICO violations. Accordingly, confining our attention to the face of the complaint, this court reverses the trial court's action dismissing counts one, two, three, four and seven. See §§ 772.103, 772.104, Fla. Stat.; A.S.J. Drugs, Inc. v. Berkowitz, 459 So.2d...

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