Varney v. Florida Real Estate Commission

UPCHURCH, Chief Judge.

The Varneys appeal an order of the Florida Real Estate Commission which denied their claim against the Florida Real Estate Recovery Fund. We reverse.

The Varneys filed a claim against the Real Estate Fund after they were unable to satisfy a final judgment for negligence obtained against a real estate broker. Three years after the claim was filed, the Var-neys were notified by the commission that there may be a statute of limitations problem. The Varneys were not present and their written response to the statute of limitations issue was not considered at the meeting where…