Rubel v. McCullagh
Rubel v. McCullagh
Opinion of the Court
The jury returned a verdict against the Rubels in their action against the McCul-laghs for fraudulent nondisclosure of termites and termite damage in a real estate conveyance, and in their action against McCall’s for negligent failure to tell them of extensive structural damage due to termites. After a thorough review of the record on appeal, we find that the verdict was manifestly in accord with the evidence.
The Rubels’ points on appeal primarily concern allegedly erroneous jury instructions. We do not reach the correctness of the instructions because the points raised on appeal were not preserved. Young v. Phillips Petroleum Co., 333 So.2d 87 (Fla. 1st DCA 1976). Next, the Rubels urge that the trial court erred in ruling, during the Rubels’ attorney’s cross-examination of McCalls key witness, that the provisions of form 1145, required by section 482.226(1), Florida Statutes, and rule 10D-55.142, Florida Administrative Code, were irrelevant and immaterial. McCalls’ witness testified
AFFIRMED.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.