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SPITALE v. SMITH

No. 97-00932.

721 So.2d 341 (1998)

Raymond SPITALE, Appellant, v. Charles H. SMITH, Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied November 12, 1998.

Attorney(s) appearing for the Case

Alan E. Tannenbaum of Levin and Tannenbaum, P.A., Sarasota, for Appellant.

David S. Maglich of Fergeson, Skipper, Shaw, Keyser, Baron & Tirabassi, P.A., Sarasota, for Appellee.

FULMER, Judge.

Raymond Spitale appeals the trial court's entry of judgment against him for fraudulent nondisclosure of construction defects in a home he sold to Charles H. Smith. We are compelled to reverse because the evidence presented during the bench trial was insufficient to support a finding that Spitale had knowledge of and failed to disclose a defect materially affecting the value of the property.

In 1987, Mr. and Mrs. Spitale1

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