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SCHMIDT v. FIRRIOLO

No. 92-1329.

634 So.2d 283 (1994)

Marian SCHMIDT and Doris Schmidt, Appellants, v. Joseph FIRRIOLO and Stella Firriolo, his wife, and Landmark IV Realty. Inc., a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied June 1, 1994.

Attorney(s) appearing for the Case

Ronald P. Gossett, Gossett & Gossett, P.A., Hollywood, for appellants.

Lewis J. Levey, Semet, Lickstein, Morgenstern, Berger, Fried, Brooke & Gordon, P.A., for appellees Joseph and Stella Firriolo.

PER CURIAM.

REVERSED. We agree with appellants that the trial court erred in dismissing with prejudice appellants' action for fraud. Without considering the legal sufficiency of appellants' allegations, the trial court determined that no action for fraud was available to a seller in a real estate transaction where the parties had entered into a contract for sale. We disagree.

An action for fraud may arise out of...

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