Concoff v. Aull
Dr. Andrew and Simone Concoff purchased a townhome from Dr. William P. Aull, after which, according to the Concoffs’ operative second amended complaint in this action, they discovered undisclosed damage from mold and water intrusion. As a result, they sued Aull and his representatives, Sotheby’s International Realty and its broker Susan Montgomery. The current appeal and cross-appeal in the action involve a lengthy procedural history, which we summarize below. In short, the result is that: (1) the appeal by the Concoffs from the judgment in favor of Aull following a bench trial is untimely and must be dismissed, (2) the cross-appeal by Sotheby’s and Montgomery is properly taken from a post-judgment order affecting their substantial rights, and (3) on the merits the cross-appeal fails.
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