WALKER v. ERIS

Nos. 1D02-0202, 1D02-3350.

886 So.2d 414 (2004)

Jan WALKER, Appellant, v. Grace ERIS and Kay Howerton, Appellees. Danny Atkins, Appellant, v. Grace Eris, Jan Walker and Kay C. Howerton, Appellees.

District Court of Appeal of Florida, First District.

November 15, 2004.


Attorney(s) appearing for the Case

Charles F. Beall, Jr., Esquire of Moore, Hill & Westmoreland, P.A., Pensacola, for Appellants Jan Walker and Danny Atkins.

R. John Westberry, Esquire of Holt and Westberry, P.L., Pensacola, for Appellees Grace Eris and Kay Howerton.


PER CURIAM.

On this appeal from a judgment rescinding a deed, Jan Walker, the grantee of an undivided interest in real property, contends that the absence of the Internal Revenue Service as a party precluded rescission as a remedy for fraudulently inducing the conveyance to her. We reverse on that ground.

The general rule is that "`a contract will not be rescinded even for fraud when it is not possible for the opposing party to be put back into his pre-agreement...

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