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GOLUB v. DEPT. OF PROFESSIONAL REGULATION

No. 83-65.

450 So.2d 229 (1984)

Gerald GOLUB, Appellant, v. DEPARTMENT OF PROFESSIONAL REGULATION, Florida Real Estate Commission, Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied May 23, 1984.

Attorney(s) appearing for the Case

Robert G. Petree and Robert O. Marks of Bornstein, Petree, Cooper & Marks, Orlando, for appellant.

Bruce D. Lamb, Tallahassee, for appellee.

COWART, Judge.

This case involves how section 475.25(1)(d), Florida Statutes (1981), which requires a real estate licensee to account and deliver held property, applies to a real estate broker who withholds a commission due a salesman and holds it as a setoff against a claim for damages the broker has against the salesman.

While employed by appellant Gerald Golub, a real estate broker, Michael Senia, a salesman, earned part of a commission that was payable...

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