Issue of hearsay will be ruled on at time of hearing on motion. Motion to dismiss denied. 1995 statute limiting liability of real estate brokers not retroactive. Three-year statute of limitations applies. Attorneys' fees awarded for successful defense of consumer protection act claim.
Comparative negligence applies to constructive fraud.
Fund , BDV 95-1186. Damages include life insurance policy benefits where plaintiff became disabled and died during the four year period for which damages are measured. Motion to disqualify hearing examiner denied and motion to dismiss granted as action was premature and exhaustion of administrative remedies is required. Motion for appointment of specified counsel to represent indigent denied. Motion to consolidate cases for purposes of discovery and trial denied due to differences in discovery schedules.