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WATERS v. FUTCH

No. 84-1838.

475 So.2d 1002 (1985)

Thomas L. WATERS and Lucile Waters, Husband and Wife, Appellants, v. Swinton D. FUTCH and Catherine F. Futch, Husband and Wife, Appellees.

District Court of Appeal of Florida, Fifth District.

September 19, 1985.

Attorney(s) appearing for the Case

John D. Mussoline, Palatka, for appellants.

Edward E. Hedstrom of Hedstrom & Smith, Palatka, for appellees.

PER CURIAM.

AFFIRMED.

DAUKSCH, J., and BOARDMAN, E.F., Associate Judge, concur.

SHARP, J., dissents with opinion.

SHARP, Judge, dissenting.

I dissent because I think this case is indistinguishable from, and therefore necessarily controlled by, David v. Sun Federal Savings & Loan Association, 461 So.2d 93 (Fla. 1984) and Community Federal Savings & Loan Association v. Orman, ...

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