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JPG ENTERPRISES, INC. v. McLELLAN

No. 4D08-962.

31 So.3d 821 (2010)

JPG ENTERPRISES, INC., Appellant, v. Sean McLELLAN and Jacqueline McLellan, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied April 28, 2010.

Attorney(s) appearing for the Case

Bradford J. Beilly and John Strohsahl of Bradford J. Beilly, P.A., Fort Lauderdale, for appellant.

Peter Ticktin, Jessica Ticktin and Josh Bleil of The Ticktin Law Group, P.A., Deerfield Beach, for appellee.

John W. Little, III, P.A. of Brigham Moore, LLP, West Palm Beach, Robert W. Goldman of Goldman Felcoski & Stone, P.A., Naples, and Kenneth B. Bell of Clark Parington Hart, Pensacola, for Amicus Curiae The Real Property Probate & Trust Law Section of The Florida Bar.

Janet R. Varnell of Varnell & Warwick, P.A., The Villages, and Julia A. Harris, Tampa, for Amicus Curiae the Consumer Protection Law Committee of The Florida Bar.

TAYLOR, J.

In this appeal and cross-appeal involving the construction of a home upon land owned by the buyer, the trial court certified a question to our court as one of great public importance. We restate the certified question as follows:

WHETHER THE ESCROW DEPOSIT REQUIREMENT OF SECTION 501.1375, FLORIDA STATUTES, APPLIES TO GENERAL CONTRACTORS WHO CONTRACT TO BUILD A SINGLE-FAMILY RESIDENCE UPON LAND OWNED BY THE CONSUMER AT THE TIME THE CONTRACT...

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