Legal Opinion

Strack v. Fred Rawn Construction, Inc.

District Court of Appeal of Florida

Decided August 10, 2005No. Nos. 4D04-1963, 4D04-3235PublishedCited by 2 opinions

1Per curiam

The purchasers of a renovated home appeal the dismissal of their first amended complaint against the seller, which alleged counts for fraudulent misrepresentation and breach of an oral contract to repair defects in the home. They argue the trial court erred in dismissing their first amended complaint with prejudice. We agree in part and reverse the portion of the order dismissing the breach of contract count.

The purchasers entered into a written agreement to buy a specific parcel of land located in Palm Beach County. The agreement called for the delivery of possession of the property and a…

2Cases cited4 opinions

  1. Townsend Contracting v. JENSEN CIV. CONST.District Court of Appeal of Florida · 1999
  2. Fox v. Professional Wrecker Operators of Florida, Inc.District Court of Appeal of Florida · 2001
  3. Perry v. CosgroveDistrict Court of Appeal of Florida · 1985
  4. Peninsular Florida District Council of Assemblies of God v. Pan American Investment & Development Corp.District Court of Appeal of Florida · 1984

3Cited by2 opinions

  1. Infante v. Bank of America Corp.District Court, S.D. Florida · 2010
  2. Smith v. Boston Red SoxDistrict Court, M.D. Florida · 2023

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