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SAUL v. BASSE

No. 80-438.

399 So.2d 130 (1981)

B.F. SAUL, II, and Garland J. Bloom, Jr., As Trustees of the B.F. Saul Real Estate Investment Trust, Appellants, v. Harry BASSE; Donald J. Delbene and Virginia Delbene, His Wife; Earl M. Zimmerman and Anna Mae Zimmerman, His Wife; Abert S. Davis and May Davis, His Wife; W. David Corbett; Ben Kassen and Lillian Kassen, His Wife; Max H. Baltz and Florence Baltz, His Wife; Maurice Herrmann and Rebecca Herrmann, His Wife; Grace Von Losberg; Marjorie L. Loeb a/K/a Marjorie L. Scheutz; Anacelto D. Giachetti; Donald Nash and Margaret Nash, His Wife; Sidney Bank and Judith Bank, His Wife; Raymond S. Short and Maude F. Short, His Wife; Muriel T. Ericson; Leland E. Juhl and Alice Juhl, Husband and Wife; Ann F. Jones; Aubrey H. Russell and Faye V. Russell, Husband and Wife; Betty Jane Milligan; Lester Saphier; David M. Jordan; Gary W. Moehle; and Robert Schlutz and Marilyn Schlutz, Appellees.

District Court of Appeal of Florida, Second District.

June 3, 1981.

Attorney(s) appearing for the Case

Erik C. Larsen of O'Neill, Dyer, Bogner & Larsen, P.A., Orlando, and Leslie A. Nicholson, Jr., and Robert M. Gordon, of Shaw, Pittman, Potts & Trowbridge, Washington, D.C., for appellants.

Robert P. Rosin of Rosin, Abel, Band, Brown & Russell, Sarasota, for appellees.

OTT, Judge.

Following entry of final judgment in this declaratory relief action, the trial court ordered appellants to pay a fee to appellees' attorney. We reverse that order.

The original developer of Dolphin Towers, a Sarasota condominium complex, retained title to the recreation areas, which were then leased to the association of condominium owners for 99 years. By a series of assignments, appellants succeeded...

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