BURLEIGH HOUSE CONDOMINIUM, INC. v. BUCHWALD

No. 78-1136.

368 So.2d 1316 (1979)

BURLEIGH HOUSE CONDOMINIUM, INC., a Florida Non-Profit Corporation, Appellant, v. Herbert BUCHWALD, Individually and As Trustee, Arlene Buchwald, Elliott Harris and Minerva Millis, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied April 18, 1979.


Attorney(s) appearing for the Case

Joseph S. Paglino, Miami, for appellant.

Steel, Hector & Davis and Darrey A. Davis, Miami, for appellees.

Before HAVERFIELD, C.J., and PEARSON, J., and CHARLES CARROLL (Ret.), Associate Judge.


CHARLES CARROLL, Associate Judge.

In this action a summary judgment was entered for the defendants, on the grounds that the cause of action presented by the complaint was barred by the statute of limitations and was barred by estoppel by judgment and by res judicata. The plaintiff appealed. We hold entry of summary judgment for defendants was error, and reverse.

On April 15, 1977, Burleigh House Condominium, Inc., a condominium association, on behalf of itself...

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