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BACKUS v. SMITH

No. II-232.

364 So.2d 786 (1978)

Francis C. BACKUS and Marjorie Backus, His Wife, Appellants, v. Harold W. SMITH and Minnette C. Smith, His Wife, and La Playa Association, Inc., a Florida Corporation, Appellees.

District Court of Appeal of Florida, First District.

Rehearing Denied December 19, 1978.

Attorney(s) appearing for the Case

Harry B. Mahon of Mahon, Farley & Vickers, Jacksonville, for appellants.

Kenneth G. Anderson of Culverhouse, Tomlinson, Mills, Anderson & Cone, Michael F. Dawes of Commander & Legler, Jacksonville, for appellees.

BOYER, Judge.

Mr. and Mrs. Backus, appellants, entered into a contract whereby they agreed to purchase from appellees Smith, and the Smiths agreed to sell to the Backus', a condominium unit at La Playa, putting up a $3,000.00 earnest money deposit to be held by a realtor. All of the owners of condominium apartments in the La Playa complex are members of appellee La Playa Association, Inc. Under the Declaration of Condominium of the La Playa Association the Association...

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