Florida District Courts of Appeal, 1985

Koran v. Hacker

Florida District Courts of Appeal · Decided December 4, 1985 · Downey, Hersey, Walden

479 So. 2d 796; 1985 Fla. App. LEXIS 17120 (Southern Reporter, Second Series)

Opinion of the Court

PER CURIAM.

AFFIRMED.

HERSEY, C.J., and DOWNEY, J., concur. WALDEN, J., dissents with opinion.

Dissenting Opinion

WALDEN, Judge,

dissenting:

In my opinion the aggrieved parties had an adequate remedy at law so as to make the equitable remedy of rescission inappropriate. Degge v. First State Bank of Eustis, 145 Fla. 438, 199 So. 564 (1941); Liza Danielle, Inc. v. Jamko, Inc., 408 So.2d 735 (Fla. 3d DCA 1982); Lake Tippecanoe Owners Association, Inc. v. National Lake Developments, Inc., 390 So.2d 185 (Fla. 2d DCA 1980). Thus, I respectfully dissent.

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