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FISHMAN v. BOLDT

No. 94-2820.

666 So.2d 273 (1996)

Gary L. FISHMAN and Linda R. Fishman, Appellants, v. Bert BOLDT, an individual, Arthur V. Strock, an Individual, Joseph Jacobs and Ellen Jacobs, Jointly and severally, John Taylor Walsh, d/b/a J.T. Inspections, Inc., a Florida corp.; and Delray Marine Construction Co., a Florida Corp., Appellees.

District Court of Appeal of Florida, Fourth District.

January 17, 1996.

Attorney(s) appearing for the Case

William A. Fragetta of Sachs & Sax, P.A., Boca Raton, for Appellants.

John H. Richards of Cooney, Haliczer, Mattson, Lance, Blackburn, Pettis & Richards, P.A., Fort Lauderdale, for Appellee-Bert Boldt.

PER CURIAM.

This case presents yet another application of the economic loss rule. The appellants purchased a home on a canal. The home included a pool and a seawall along the canal. Sometime after the purchase the seawall failed, causing damage to the pool, patio, and home. The appellants sued the appellee, Bert Boldt, as the original builder of the seawall, for negligent construction. The trial court entered summary judgment for Boldt based on Casa Clara Condominium...

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