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AMERICAN LEGION COMMUNITY CLUB v. DIAMOND

Nos. 74215, 74501.

561 So.2d 268 (1990)

AMERICAN LEGION COMMUNITY CLUB, Petitioner, v. Murray DIAMOND, Respondent. ARMANDA E. LACASA, P.A., Petitioner, v. Murray DIAMOND, Respondent.

Supreme Court of Florida.

May 10, 1990.

Attorney(s) appearing for the Case

James W. Moore of Taylor, Brion, Buker & Greene, Miami, for American Legion Community Club of Coconut Grove, Inc.

Armando E. Lacasa of Armando E. Lacasa, P.A., Coral Gables, pro se.

Joel S. Perwin of Podhurst, Orseck, Josefsberg, Eaton, Meadow, Olin & Perwin, P.A., Miami, for respondent.

OVERTON, Judge.

We have for review Diamond v. American Legion Community Club, 544 So.2d 239 (Fla. 3d DCA 1989), in which the Third District Court of Appeal certified the following question as one of great public importance:

WHETHER A SUIT TO SET ASIDE A CONVEYANCE OF REAL PROPERTY IS AN ACTION "FOUNDED ON A DULY RECORDED INSTRUMENT" AS SET FORTH IN SECTION 48.23, FLORIDA STATUTES (1985), AUTHORIZING THE MAINTENANCE...

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