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ROSS v. CHASE FED. SAV. & LOAN ASS'N

No. 80-1213.

424 So.2d 779 (1981)

Theadores W. ROSS, Appellant, v. CHASE FEDERAL SAVINGS & LOAN ASSOCIATION, Luis Perez, and Gladys Perez, His Wife, Appellees.

District Court of Appeal of Florida, Third District.

Decision Vacated and Dissenting Opinion Adopted on Rehearing October 12, 1982.

Attorney(s) appearing for the Case

Jerry B. Schreiber, Miami, for appellant.

Therrel, Baisden, Stanton, Wood & Setlin and Frank R. Gramling, Miami Beach, John H. Duhig, Miami, for appellees.

Before BARKDULL, SCHWARTZ and NESBITT, JJ.

Decision Vacated and Dissenting Opinion Adopted on Rehearing En Banc October 12, 1982.

PER CURIAM.

Affirmed. See: Zaucha v. Town of Medley, 66 So.2d 238 (Fla. 1953); Williamson v. Kirby, 379 So.2d 693 (Fla. 4th DCA 1980); Leffler v. Smith, 388 So.2d 261 (Fla. 5th DCA 1980).

SCHWARTZ, Judge (dissenting).

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