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GERSTEN v. BESSEMER

No. 76-1350.

352 So.2d 68 (1977)

Robert B. GERSTEN and Dina B. Gersten, His Wife, Appellants, v. A.D. BESSEMER, As Executor of the Estate of Mary A. Bessemer, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied July 22, 1977.

Attorney(s) appearing for the Case

Rod L. Tennyson, of Tennyson & Fearrington, West Palm Beach, for appellants.

John E. Aurelius and John Bielejeski, Jr., of James, Bielejeski, Lunny & Aurelius, P.A., Fort Lauderdale, for appellees.

MAGER, Chief Judge.

A final judgment of foreclosure was entered in favor of A.D. Bessemer, et al., plaintiffs-appellees,1 and against Robert B. Gersten and Dina B. Gersten, his wife, defendants-appellants, for failure to pay a recreational lease fee. The defendants have appealed and we reverse.

It is contended that a valid lien for nonpayment of a recreational lease fee was in existence prior to the establishment of the homestead...

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