District Court of Appeal of Florida

Summary judgment entered against a homeowners association pursuant to a finding that defendants-residents did not violate the Declaration of Covenants encumbering their property is reversed where the trial court erred in granting the summary judgment motion with respect to approval of a new architect's drawing because there was a genuine issue of material fact concerning whether the recent approval constituted re-approval of an earlier request, which did not contain a wall air conditioning unit, or approval of a new request, which did.

Appellate Information

• Decided 09/20/2006
• Published 09/20/2006

Judges

• POLEN, J.

Court

• District Court of Appeal of Florida

Counsel

• For Appellant:
  
• Darrin Gursky of Law Offices of Robert Kaye & Associates, P.A., Fort Lauderdale, for appellant.


• For Appellees:
  
• John H. Pelzer and Brigid F. Cech of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellees.