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WINKELMAN v. TOLL

Nos. 93-1128, 93-2270 and 93-2472.

661 So.2d 102 (1995)

Jeffrey WINKELMAN and Janet Sternberg Winkelman, husband and wife, Appellants, v. Eugene M. TOLL, Robert Locke and Kathleen Braiman, as Last Known Board of Directors and New Trustees of Mission Lakes Condominium Association, Inc., a dissolved Florida non-profit corporation, and ICON Development Corporation, a Florida corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied October 30, 1995.

Attorney(s) appearing for the Case

John H. Pelzer and David Allan Zulian of Ruden, Barnett, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellants.

Henry Handler, Howard I. Weiss and Bruce A. Harris of Weiss & Handler, P.A., Boca Raton, for appellee-ICON Development Corp.

Karl M. Scheuerman and Janis Sue Richardson, Tallahassee, amicus curiae for the Department of Business and Professional Regulation.

WARNER, Judge.

In this quiet title action the trial court determined that property conveyed by legal description as phases of a condominium was not subject to the recorded declaration of condominium and the amendments thereto, because the units originally contemplated to be built on the property were never constructed. Because we hold that the property was subjected to condominium ownership upon the recording of the amendment to the declaration adding it to the condominium...

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