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MARTIN v. KAVANAGH

No. 5D99-2797.

773 So.2d 1250 (2000)

Don C. MARTIN & Nancy B. Martin, etc., Appellant/Cross-Appellee, v. Thomas P. KAVANAGH, Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

December 15, 2000.

Attorney(s) appearing for the Case

Michael D. Jones of Leffler & Associates, P.A., Winter Springs, for Appellant/Cross-Appellee.

John A. Baldwin of Baldwin & Morrison, P.A., Fern Park, for Appellee/Cross-Appellant.

THOMPSON, C.J.

AFFIRMED. See Tortoise Island Communities, Inc. v. The Moorings Association, Inc., 489 So.2d 22 (Fla.1986); Dupont v. Whiteside, 721 So.2d 1259 (Fla. 5th DCA 1998).

COBB, J., concurs specially, with opinion.

W. SHARP, J., dissents, with opinion.

COBB, J., concurring specially.

The appellants pled and tried this case on the theory of...

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