Legal Opinion

Feinberg v. Naile

District Court of Appeal of Florida

Decided May 29, 1990No. 89-2281PublishedCited by 4 opinions

1Opinion of the Court

BARKDULL, Judge.

Plaintiffs, Mark Feinberg and Rita M. Blanco, appeal the denial of their motion to elect to proceed in equity, seeking the remedy of recision.

Plaintiffs brought suit against Heftier Realty Co., the original builder of a home, and Jean H. Naile, the subsequent purchaser/seller of the property. Appellants alleged that implied warranties of habitability had been breached rendering the house unfit for its intended purpose as a residence. Appellants also sought damages. The case was later noticed for trial by Heftier. When the case was called to trial before a jury, counsel for the…

2Cases cited5 opinions

  1. Chaires v. North Florida Nat. BankDistrict Court of Appeal of Florida · 1983
  2. Raney v. Jimmie Diesel Corp.District Court of Appeal of Florida · 1978
  3. Hamide v. STATE, DEPT. OF CORRECTIONSDistrict Court of Appeal of Florida · 1989
  4. Johnson v. Southern Bell Telephone & Telegraph Co.District Court of Appeal of Florida · 1964
  5. Pan American Bank of Miami v. OsgoodDistrict Court of Appeal of Florida · 1980

3Cited by4 opinions

  1. Wayne Creasy Agency, Inc. v. MaillardDistrict Court of Appeal of Florida · 1992
  2. Laura Foxhall v. Portfolio Recovery Associates, LLCDistrict Court of Appeal of Florida · 2018
  3. North Bay Green Investments, LLC, etc. v. Cold Pressed Raw Holdings, LLC, etc.District Court of Appeal of Florida · 2024
  4. North Bay Green Investments, LLC, etc. v. Cold Pressed Raw Holdings, LLC, etc.District Court of Appeal of Florida · 2024

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API