HYMAN v. SAWGRASS LAKES HOMEOWNERS ASSOC., INC.

Nos. 99-3010, 99-0289.

739 So.2d 1243 (1999)

Leila A. HYMAN and Stuart L. Hyman, Appellants, v. SAWGRASS LAKES HOMEOWNERS ASSOCIATION, INC., a Florida corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 4, 1999.


Attorney(s) appearing for the Case

Sina Negahbani and George M. Nachwalter, P.A., Miami, for appellants.

Kara Berard Rockenbach and Daniel C. Methe of Gaunt, Pratt, Radford & Methe, P.A., West Palm Beach, for appellee.


PER CURIAM.

We affirm the final summary judgment in favor of appellee on the issue of fraud. However, genuine issues of material fact exist as to whether appellants are entitled to rescission of the General Release and Indemnity Agreement based on their claim of unilateral mistake. Accordingly, we reverse the final summary judgment in part, and remand this cause for further proceedings.

AFFIRMED IN PART; REVERSED IN PART and REMANDED.

DELL, STONE and...

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