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SUMMARY OF ARGUMENT

The district court in this case, as in Wartels, read the Art. X, § 4(a)(1), Fla.

Const. definition of homestead to exclude cooperative apartments, while the Fifth

District in Southern Walls read the same definition to include cooperative

apartments. This is an express and direct conflict. This Court should accept

jurisdiction to settle for all owners of cooperatives whether or not the Legislature

was correct in telling them that they own a form of real property.

FTL:2221415:1

3 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.

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