MORT KORAN, APPELLANT,
v.
LEO G. HACKER AND LILLIAN HACKER, JOINTLY AND INDIVIDUALLY, APPELLEES

Fla. 4th DCA | 1985-12-04
No. 85-839
HERSEY, C.J., and DOWNEY, J., concur., WALDEN, J., dissents with opinion.
479 So. 2d 796 Florida District Court of Appeal, Fourth District (1985)

Opinion of the Court
PER CURIAM.

PER CURIAM.

AFFIRMED.

HERSEY, C.J., and DOWNEY, J., concur.

WALDEN, J., dissents with opinion.

Dissent
WALDEN, Judge,

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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