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VARNEY v. FLORIDA REAL ESTATE COM'N

No. 86-863.

515 So.2d 383 (1987)

Raymond C. VARNEY, et al., Appellants, v. The FLORIDA REAL ESTATE COMMISSION, Appellee.

District Court of Appeal of Florida, Fifth District.

November 12, 1987.

Attorney(s) appearing for the Case

Philip J. Maloney, Jr., of Ruiz, Skelton & Maloney, P.A., Tampa, and David Jonathan Ross, of Fleece & Rhoades, St. Petersburg, for appellants.

Robert A. Butterworth, Tallahassee, and Lawrence S. Gendzier, Asst. Atty. Gen., for appellee.

UPCHURCH, Chief Judge.

The Varneys appeal an order of the Florida Real Estate Commission which denied their claim against the Florida Real Estate Recovery Fund. We reverse.

The Varneys filed a claim against the Real Estate Fund after they were unable to satisfy a final judgment for negligence obtained against a real estate broker. Three years after the claim was filed, the Varneys were notified by the commission that there may be a statute of limitations problem...

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