TRADEWINDS OF POMPANO ASS'N, INC. v. ROSENTHAL

No. 80-1036.

407 So.2d 976 (1981)

TRADEWINDS OF POMPANO ASSOCIATION, INC., a Florida Corporation Not for Profit, Individually and As Representative of a Class; Richard Thompson and Ruby Thompson, His Wife, Individually and As Representatives of a Class; Roger Capettini, Individually and As Representative of a Class; David Davis and Miriam Davis, His Wife, Individually and As Representatives of a Class, Appellants, v. Stewart S. ROSENTHAL, As Trustee of the Lawrence W. Urbanek Revocable Living Trust No. 1; William Gundlach, As Trustee; Lawrence Urbanek; William A. Johnson, As Trustee of the Johnson-Hill Trust, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 25, 1982.


Attorney(s) appearing for the Case

Mark B. Schorr of Becker, Poliakoff & Streitfeld, P.A., Fort Lauderdale, for appellants.

Davis W. Duke, Jr., of McCune, Hiaasen, Crum, Ferris & Gardner, Fort Lauderdale, for appellees.


PER CURIAM.

This is an appeal from a non-final order disbursing recreational lease rental deposits from the registry of the court. The trial court determined that Section 718.401(4), Florida Statutes (1979), which requires such deposits, is unconstitutional. We affirm by holding that Section 718.401(4) is unconstitutional as applied to the facts of this case.

The appellants, The Tradewinds of Pompano Association, Inc. and several unit owners, commenced suit...

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