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Florida Attorney General Reports

Decided September 27, 1989Published

1Opinion of the Court

The Honorable Richard Ake Clerk of the Circuit Court Hillsborough County Post Office Box 1110 Tampa, Florida 33601

Dear Mr. Ake:

You ask substantially the following question:

May the clerk of the circuit court return funds deposited by a condominium developer pursuant to s. 718.105, F.S., if the developer fails to file a certificate indicating that a final survey of the completed project has been made as required by s. 718.104(4)(e), F.S.?

In sum, I am of the following opinion:

The clerk of the circuit court may return funds deposited pursuant to s. 718.105(4), F.S., only when the declaration of…

2Cases cited5 opinions

  1. Gessner v. Del-Air CorporationSupreme Court of Florida · 1944
  2. Alachua County v. PowersSupreme Court of Florida · 1977
  3. Security Finance Co. v. GentrySupreme Court of Florida · 1926
  4. Suntide Condo. v. Div. of Fla. Land Sales Etc.District Court of Appeal of Florida · 1984
  5. Hovnanian Fla., Inc. v. DIV. OF FLA. LAND SALESDistrict Court of Appeal of Florida · 1981

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