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MARTINI v. YOUNG

No. 5D03-1864.

921 So.2d 647 (2005)

John MARTINI and Kimberly Martini, Appellants, v. Daniel D. YOUNG and Sally Sue Young, et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied March 2, 2006.

Attorney(s) appearing for the Case

Steven R. Andrews and W. Scott Newbern of Andrews Moye, LLC, Tallahassee, for Appellants.

Joshua D. Lerner and Scott M. Sarason of Rumberger, Kirk & Caldwell, Miami, for Appellee Tortoise Island Realty, Inc., n/k/a Island Realty of Brevard, Inc.

Thomas C. Smith of Hassell, Moorhead & Carroll, Daytona Beach, for Appellee, Daniel and Sally Young.

Patrick Patrissi of Ritter Chusid, Bivona & Cohen, LLP, Boca Raton, for Appellee, Union Planters PMAC.

THOMPSON, J.

John and Kimberly Martini challenge the trial court's dismissal with prejudice of their amended complaint, which alleged breach of a duty to disclose defects in the home they purchased from Daniel D. and Sally Sue Young and asserted claims for rescission, breach of contract, misrepresentation, and fraud. We lack jurisdiction and dismiss the appeal because the notice of appeal was untimely filed.

On 14 February 2003, the trial court entered an...

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