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BUCKLEY TOWERS CONDO., INC. v. BUCHWALD

No. 78-2030.

374 So.2d 550 (1979)

BUCKLEY TOWERS CONDOMINIUM, INC., Appellant, v. Herbert BUCHWALD, Trustee, Etc., et al., Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 27, 1979.

Attorney(s) appearing for the Case

Joseph S. Paglino, Miami, for appellant.

Steel, Hector & Davis and Darrey A. Davis, Miami, for appellees.

Before PEARSON, KEHOE and SCHWARTZ, JJ.

KEHOE, Judge.

We have carefully examined the issues raised by this appeal and find them to be controlled by our recent decision in Burleigh House Condominium v. Buchwald, 368 So.2d 1316 (Fla. 3d DCA 1979). In light of that decision, which we note was unavailable to the trial court at the time it entered summary judgment for the appellees, the summary judgment must be reversed.

We have particularly considered the issue...

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