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TORTOISE ISL. HOMEOWNER'S v. TORTOISE ISL.

No. 84-1567.

475 So.2d 999 (1985)

TORTOISE ISLAND HOMEOWNER'S ASSOCIATION, INC., Etc., Appellant/Cross-Appellee, v. TORTOISE ISLAND GROUP LTD., Etc., et al., Appellee/Cross-Appellant.

District Court of Appeal of Florida, Fifth District.

September 19, 1985.

Attorney(s) appearing for the Case

T.M. Barlow, of Holland, Starling & Severs, P.A., Melbourne, for appellant/cross-appellee.

James R. Dressler, Cocoa Beach, for appellee/cross-appellant.

KIRKWOOD, L.R., Associate Judge.

Tortoise Island Homeowner's Association, Inc. (Association) seeks to set aside a declaratory judgment in favor of Tortoise Island Group LTD., et al. (Developer) wherein the trial court failed to rule upon the question presented and reached a decision based upon an issue not in the pleadings or arguments of counsel.

The Developer acquired title to various lands including a barrier island lying in the Banana River in Brevard...

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