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DEPT. OF BUSINESS REG. v. SMITH

No. AV-399.

471 So.2d 138 (1985)

DEPARTMENT OF BUSINESS REGULATION, DIVISION OF FLORIDA LAND SALES AND CONDOMINIUMS, Appellant, v. LeBrun N. SMITH and Condoshare Group, Inc., Appellees.

District Court of Appeal of Florida, First District.

June 7, 1985.

Attorney(s) appearing for the Case

Thomas A. Bell, Dept. of Business Regulation, Tallahassee, for appellant.

J. Lofton Westmoreland of Sherrill, Moore, Hill & Westmoreland, Pensacola, for appellees.

ZEHMER, Judge.

On June 30, 1983, appellees, LeBrun N. Smith and Condoshare Group, Inc., filed a declaratory judgment action to determine whether section 721.20, Florida Statutes (1983), violates their constitutional rights to due process and equal protection. U.S. Const. amend. XIV, § 1, and Art. 1, §§ 2, 9, Fla. Const. The Department of Business Regulation, Division of Florida Land Sales and Condominiums (Department) was named as defendant. The circuit...

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