POLEN, Judge.
Oral argument was had in this matter on February 13, 1990. Prior to the issuance of this court's opinion, we were presented a series of motions and letter requests from the parties, requesting that we defer issuance of an opinion pending settlement negotiations. We acceded to the parties' requests.
Then on September 10, 1990, we received from appellee Fox Trail Property Owners Association, Inc., the following pleading:
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