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BROWN v. POWELL

Nos. 87-2216, 87-2477 and 87-2881.

531 So.2d 731 (1988)

James M. BROWN, Jr., and Bianca Brown, Appellants, v. Jack POWELL, et al., Appellees. James M. Brown, Jr., and Bianca Brown, Appellants/Cross Appellees, v. Betty Simmons, Appellee/Cross Appellant, and Jack Powell, et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing and Rehearing Denied October 24, 1988.

Attorney(s) appearing for the Case

Larry Klein of Klein & Beranek, P.A., and Alan S. Zangen, West Palm Beach, for appellants/cross appellees.

David E. Horvath of David E. Horvath, P.A., Palm Beach Gardens, for appellee/cross appellant.

Burton G. Sharff of Evans, Sharff & Kamber, P.A., West Palm Beach, for appellees.

David E. Eastman of Parker, Skelding, McVoy & Labasky, Tallahassee, for amicus curiae — The Florida Manufactured Housing Ass'n, Inc.

Rehearing and Rehearing En Banc Denied October 24, 1988.

GUNTHER, Judge.

We reverse the order awarding attorney's fees and the final judgment entered in favor of defendants/appellees. We remand for trial on the issue of whether the plaintiffs/appellants' conduct constituted a waiver of the eviction notices served pursuant to section 723.061, Florida Statutes (1985). We decline to address Betty Simmons' cross appeal on attorney's fees. As to the Trews' cross...

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