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SOUTHERN WALLS, INC. v. STILWELL CORP.

No. 5D01-1705.

810 So.2d 566 (2002)

SOUTHERN WALLS, INC., etc., Appellant, v. STILWELL CORPORATION and Andrew O. Stilwell, Appellees.

District Court of Appeal of Florida, Fifth District.

March 8, 2002.

Attorney(s) appearing for the Case

Thomas H. Rydberg of The Rydberg Law Firm, P.A., Tampa, for Appellant.

Michael J. Appleton of Marlowe, Appleton & Weatherford, P.A., Winter Park, for Appellees.

SAWAYA, J.

Southern Walls, Inc. (Southern), the plaintiff below, appeals from the partial summary judgment in favor of Andrew Stilwell (Stilwell). The judgment holds that Stilwell's cooperative apartment (coop) is exempt from forced sale to satisfy a judgment obtained by Southern because the co-op qualifies for the homestead exemption provided in article X, section 4(a)(1) of the Florida Constitution.

The issue we must resolve is whether a co-op constitutes...

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