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BIRCOLL v. ROSENTHAL

Nos. A04A0346, A04A0347.

600 S.E.2d 388 (2004)

267 Ga.App. 431

BIRCOLL et al. v. ROSENTHAL et al. Gardner v. Flattery et al.

Court of Appeals of Georgia.

May 17, 2004.

Attorney(s) appearing for the Case

Charles F. Peebles, Norcross, Atlanta, for appellants (case no. A04A0346).

William W. Gardner, pro se (case no. A04A0347).

Monica K. Gilroy, Roswell, Cohen, Goldstein, Port & Gottlieb, Robert C. Port, Atlanta, McCalla, Raymer, Padrick, Cobb, Nichols & Clark, Carol V. Clark, Roswell, for appellees.

Weissman, Nowack, Curry & Wilco, Seth G. Weissman, Ned Blumenthal, Atlanta, amici curiae.

PHIPPS, Judge.

Dr. Lawrence Bircoll and his wife, Andrea Jaron, purchased a home from Herman and Selma Rosenthal in March 2000. After moving in, Bircoll and Jaron discovered a number of problems, including an active termite infestation and water intrusion. They sued the Rosenthals; the Rosenthals' real estate agent, Sandra Flattery; and Flattery's brokerage firm, HN Real Estate Group. The complaint alleged fraud, conspiracy to defraud, breach of contract, and breach...

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