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WALTERS v. GREENGLADE VILLAS

Nos. 80-1179, 80-1523.

399 So.2d 538 (1981)

Alvin R. WALTERS, As Personal Representative of the Estate of Mark Walters, Deceased, for and On Behalf of the Estate of Mark Walters, Alvin R. Walters, Individually, and Durla Walters, Appellants, v. GREENGLADE VILLAS HOMEOWNERS ASSOCIATION, INC., United States Fidelity and Guaranty Company, and F & R Builders, Inc., Appellees.

District Court of Appeal of Florida, Third District.

June 16, 1981.

Attorney(s) appearing for the Case

Gilbride & Heller and Lewis N. Brown, Miami, for appellants.

Ponzoli & Wassenberg and Richard L. Wassenberg, Wicker, Smith, Blomqvist, Davant, Tutan, O'Hara & McCoy and Richard A. Sherman, Miami, for appellees.

Before BARKDULL, HENDRY and SCHWARTZ, JJ.

PER CURIAM.

The trial court held as a matter of law, in granting the defendants summary judgments, that there was no duty upon the developer of a condominium property or the homeowners' association to erect a fence or wall between the common area of the condominium and a canal owned by Dade County. We affirm.

In the instant case, the developer had turned over the management of the condominium complex to the homeowners' association some two and one-half years...

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