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CARLANDIA CORP. v. ROGERS & FORD CONST.

No. 91-2142.

605 So.2d 1014 (1992)

CARLANDIA CORPORATION, Appellant, v. ROGERS AND FORD CONSTRUCTION CORP., a Florida Corporation, and Flagler Properties, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

October 14, 1992.

Attorney(s) appearing for the Case

J. Kory Parkhurst and Louis R. McBane, Boose Casey Ciklin Lubitz Martens McBane & O'Connell, West Palm Beach, for appellant.

Thomas D. Daiello, Lawrence J. Marchbanks, P.A., Boca Raton, for appellee Rogers and Ford Const. Corp., a Florida Corp.

Roy E. Fitzgerald, Gunster, Yoakley & Stewart, P.A., West Palm Beach, for appellee Flagler Properties, Inc., a Florida Corp.

ON MOTION FOR REHEARING

LETTS, Judge.

We grant appellees' motion for rehearing, withdraw our opinion of August 26, 1992, and substitute the following therefor.

In this case, the trial court granted a final judgment dismissing the complaint as follows: "the court finds that an individual unit owner may not maintain a claim for [construction] defects in the common elements or common areas of the condominium...

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