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FEROLA v. BLUE REEF HOLDING CORP., INC.

Nos. 97-3266, 97-3268.

719 So.2d 389 (1998)

Frank F. FEROLA and Vera Ferola, Appellants, v. BLUE REEF HOLDING CORP., INC., Joseph F. Coyne, individually and as Trustee of Saturn Realty Trust, a Massachusetts Business Trust, Frank L. Viola, Anthony M. Viola, Jaguar Construction Company, Inc., Jupiter Key Association, Inc., Haymarket Cooperative Bank, and The Town of Jupiter, Appellees.

District Court of Appeal of Florida, Fourth District.

October 28, 1998.

Attorney(s) appearing for the Case

Curtis Carlson and Julie A. Moxley of Carlson & Bales, P.A., Miami, for appellants.

John H. Pelzer and Paul B. Ranis of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for Appellee-Saturn Realty Trust.

ON MOTION FOR REHEARING

PER CURIAM.

We withdraw our opinion issued September 2, 1998 and substitute the following:

The Ferolas, owners of a lot in a development, filed this lawsuit against the developer, appellee Saturn Realty Trust, and others. The Ferolas alleged that Saturn, as developer, violated the declaration of covenants and restrictions by constructing townhouses on a designated recreation area, failing to provide amenities for the...

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