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conclusion in Wartels, that a lease of a cooperative unit is not "an interest in

realty," 357 So. 2d at 710 remains good law, then the extent of homestead

protections to such condominium units for protection against forced sale or

restrictions on devise may be called into question. This presents an even further

justification for accepting jurisdiction to resolve this conflict.

CONCLUSION

For the foregoing reasons, it is respectfully submitted that this Court should

accept jurisdiction based upon the certified conflict of decisions.

Respectfully submitted,

RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. 200 East Broward Boulevard, 15th floor (33301) Post Office Box 1900 Fort Lauderdale, Florida 33302 (954)764-6660, 527-2469; Fax: (954)333-4069

By:

____________________________ John H. Pelzer john.pelzer@ruden.com Florida Bar Number 376647

FTL:2221415:1

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

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