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CASA CLARA CONDO. ASS'N, INC. v. CHARLEY TOPPINO & SONS, INC.

Nos. 90-160, 90-159.

588 So.2d 631 (1991)

CASA CLARA CONDOMINIUM ASSOCIATION, INC., a not for profit corporation of the State of Florida, Appellant, v. CHARLEY TOPPINO & SONS, INC., a dissolved Florida corporation, and Jan Griffin and John Nivens, as Trustees for Charley Toppino and Sons, Inc., a dissolved corporation, Appellees. 642053 ONTARIO, INC., Appellant, v. CHARLEY TOPPINO & SONS, INC., a dissolved Florida corporation, and Jan Griffin and John Nivens, as Trustees for Charley Toppino and Sons, Inc., a dissolved Florida corporation, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied November 21, 1991.

Attorney(s) appearing for the Case

Siegfried, Kipnis, Rivera, Lerner, De La Torre & Mocarski and H. Hugh McConnell, Coral Gables, for appellants.

Cabaniss, Burke & Wagner, Lynn E. Wagner and Richard A. Solomon, Orlando, for appellees.

John F. Tolson, Jr., Jacksonville, for Florida Concrete and Products Ass'n, Inc., as amicus curiae.

Becker, Poliakoff & Streitfeld, Alan S. Becker and Michele G. Miles, Fort Lauderdale, for I-95 Custom Home Builders, Inc., Homes Of South Florida, Inc. and The Southeast Chapter Of The Community Associations Institute, as amicus curiae.

Before HUBBART, GERSTEN and GODERICH, JJ.

PER CURIAM.

The appellants are the unit owners of Casa Clara Condominium and 642053 Ontario, Inc. [hereinafter referred to as "Casa Clara" and "Ontario", respectively, and collectively referred to as "the homeowners"]. These consolidated appeals arise from the dismissal of claims for damages for the sale of defective concrete by the defendant, Charley Toppino & Sons, Inc. [hereinafter referred to as Toppino]. We affirm.

The homeowners allege that they...

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