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BENDER v. FIRST FIDELITY SAVINGS AND LOAN ASS'N

No. 66716.

491 So.2d 276 (1986)

Andrew BENDER, Petitioner, v. FIRST FIDELITY SAVINGS AND LOAN ASSOCIATION OF WINTER PARK F/K/a First Federal Savings and Loan Association of Martin County, Respondent.

Supreme Court of Florida.

July 17, 1986.

Attorney(s) appearing for the Case

John W. Case, Fort Lauderdale, for petitioner.

Robert L. Lord, Jr. of Papy, Poole, Weissenborn and Papy, Coral Gables, for respondent.

PER CURIAM.

We have for review Bender v. First Fidelity Savings and Loan Association of Winter Park, 463 So.2d 445 (Fla. 4th DCA 1985). The opinion is in conflict with Miller v. Fortune Insurance Co., 453 So.2d 489 (Fla. 2d DCA 1984). We have jurisdiction. Art. V, § 3(b)(3), Fla. Const.

Based on our decision in Miller v. Fortune Insurance Co.,

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