DAVIS v. STARLING

No. 4D00-3923.

799 So.2d 373 (2001)

Dennis B. DAVIS and Karla A. Davis, Appellants, v. Kaye B. STARLING, Trustee of the Kaye B. Starling 1997 TRUST, Appellee.

District Court of Appeal of Florida, Fourth District.

November 14, 2001.


Attorney(s) appearing for the Case

John L. Bryan, Jr., and S. Bryan Bull of Scott, Harris, Bryan, Barra & Jorgensen, P.A., Palm Beach Gardens, for appellants.

John L. Korthals of the Law Office of John L. Korthals, Pompano Beach, for appellee.


FARMER, J.

We have a summary judgment cutting off an attempt by debtors to assert recoupment against the transferee of a mortgage for certain expenses resulting from environmental contamination. The debtors claim that the original mortgagee, who was also their seller, had falsely told them that there was no environmental contamination. Although the time for asserting independent damages claims directly against the estate of the seller has been extinguished by the...

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