BAY GARDEN MANOR CONDOMINIUM ASS'N, INC. v. JAMES D. MARKS ASSOCIATES, INC.

No. 89-2576.

576 So.2d 744 (1991)

BAY GARDEN MANOR CONDOMINIUM ASSOCIATION, INC., Appellant, v. JAMES D. MARKS ASSOCIATES, INC., and Hufsey Nicolaides Associates, Inc., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 16, 1991.


Attorney(s) appearing for the Case

Hyman & Kaplan, and Michael L. Hyman and Edoardo Meloni, Miami, for appellant.

McDermott, Will & Emery, and James E. McDonald and Roderick V. Hannah, Miami, for appellee Hufsey Nicolaides Associates, Inc.

Fredrica B. Elder and David L. Swimmer, Miami, for appellee James D. Marks.

Before BARKDULL, NESBITT and FERGUSON, JJ.


FERGUSON, Judge.

The question presented is whether an engineering firm which supplies false information to an owner-client as to the physical condition of an apartment building — in contemplation of a conversion to condominiums — may be liable in tort to subsequent purchasers of the condominium units with whom there is no contractual relationship.

A summary judgment was entered on the legal conclusion that the plaintiff association could not...

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