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.
For the foregoing reasons, it is respectfully submitted that this Court should
accept jurisdiction based upon the certified conflict of decisions.
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
____________________________ John H. Pelzer email@example.com Florida Bar Number 376647
6 RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.