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WAYNE CREASY AGENCY, INC. v. MAILLARD

No. 90-2886.

604 So.2d 1235 (1992)

WAYNE CREASY AGENCY, INC., etc., Appellant, v. Eugene MAILLARD, et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 15, 1992.

Attorney(s) appearing for the Case

Martin & Associates, and C. Rabon Martin, Tulsa, Okl., and S. Curtis Kiser, Dunedin, for appellant.

Jamerson & Sutton, and John Sutton, Coral Gables, for appellees.

Before BARKDULL, NESBITT and BASKIN, JJ.

PER CURIAM.

This appeal is from an order entered on final judgement wherein the trial court granted rescission of a contract to purchase a condominium unit. We reverse on the sole ground that the trial court denied the seller leave to amend its answer to include the equitable defense of laches.

On January 4, 1985, Wayne Creasy Agency, Inc. (seller) entered into a contract with Eugene Maillard, Jr. and his wife Patricia Lynch (buyers), to sell a one bedroom...

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