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| It is well settled that the choice of a fancied remedy and the futile pursuit of it, because either the facts turn out to be different from what the party supposed them to be or the law applicable to the facts is found to be other than supposed, and although the first action proceeds to judgment, does not preclude the plaintiff from thereafter invoking the proper remedy.1 Fla. Jur. 2d, Actions � 161, citing American Process Co. v. Florida White Pressed Brick Co., 56 Fla. 116, 47 So. 942 (1908); Malsby v. Gamble, 63 Fla. 508, 57 So. 687 (1912); Gibson v. American Insurance Co., 146 Fla. 171, 200 So. 357 (1941); Marks v. Fields, 160 Fla. 789, 36 So. 2d 612 (1948); Rolf's Marina, Inc. v. Rescue Service & Repair, Inc., 398 So. 2d 842 (Fla. 3rd DCA 1981). In Rolf's Marina, the court determined that a buyer who had elected to pursue the remedy of rescission on the day of trial was not precluded from seeking damages for breach of the contract where during the pendency of the trial the remedy of rescission proved to be illusory. genital warts home cure remedies medicine <a href="http://bespoke4interiors.com/sitemap.xml">cream genital warts walmart</a> can genital warts stop you from having a baby pills
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