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ORMOND BEACH ASSOC. v. CITATION MORTG.

No. 93-1897.

634 So.2d 1091 (1994)

ORMOND BEACH ASSOCIATES LIMITED PARTNERSHIP and LPIMC, Inc., Appellants, v. CITATION MORTGAGE, LTD., a Nevada Limited Partnership, etc., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 18, 1994.

Attorney(s) appearing for the Case

J. Lester Kaney, of Cobb, Cole & Bell, Daytona Beach, Leighton Aiken and Dana M. Campbell, of Owens, Clary & Aiken, L.L.P., Dallas, TX, J. Thomas Cardwell, of Akerman, Senterfitt & Eidson, Orlando, for appellants.

Terrence Russell and Porcher L. Taylor, III, and Nancy W. Gregorie of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellees.

GRIFFIN, Judge.

We affirm the appealed order; however, we do so not on the basis articulated in the lower court's order but on the basis of § 697.07, Florida Statutes (1993). This statute clarifies the legislative intent behind the somewhat murky language of the original 1991 version of the statute and settles differing interpretations of the statute in favor of the view expressed by this court in Oakbrooke Associates, Ltd. v. Insurance Commissioner of State...

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