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HOLLANDER v. K-SITE 400 ASSOCIATES

No. 93-509.

630 So.2d 1153 (1993)

Milton B. HOLLANDER and Betty R. Hollander, Appellant, v. K-SITE 400 ASSOCIATES, a Florida general partnership, through BEN FRANKLIN PROPERTIES 440, INC., a Florida corporation, its general partner, and Chicago Title Insurance Company, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied February 22, 1994.

Attorney(s) appearing for the Case

Scott M. Bernstein, Miami, for appellant.

Greenberg, Traurig, Hoffman, Lipoff, Rosen & Quentel, Steven M. Goldsmith and Steven J. Pardo, Miami, for appellees.

Before HUBBART, JORGENSON and COPE, JJ.

PER CURIAM.

This is an appeal by the plaintiffs Milton B. and Betty R. Hollander from an adverse final judgment entered after a non-jury trial in an action seeking the return of their deposit on the purchase of a condominium unit.

Because on this record it is uncontradicted that (1) the certificate of occupancy for the subject condominium unit was not issued by Dade County until March 6, 1991 and that a prior certificate of occupancy was issued in error, and...

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