ESTANCIA CONDO. ASS'N v. SUNFIELD HOMES, INC.

No. 92-00491.

619 So.2d 1008 (1993)

ESTANCIA CONDOMINIUM ASSOCIATION, INC., Appellant, v. SUNFIELD HOMES, INC., Appellee.

District Court of Appeal of Florida, Second District.

Rehearing Denied June 29, 1993.


Attorney(s) appearing for the Case

Steven H. Mezer of Steven H. Mezer, P.A., Clearwater, for appellant.

Diane V. Kuenzel of Hobby & Kuenzel, Land O' Lakes, for appellee.

Karl M. Scheuerman, Dept. of Business Regulation, Tallahassee, for amicus curiae the Dept.


ALTENBERND, Judge.

Estancia Condominium Association (the Association) appeals a summary final judgment which declares that Sunfield Homes, Inc., is not the owner of condominium units subject to assessments. We reverse and remand for further proceedings. Although the record established that Sunfield Homes did not build a condominium structure with twenty units, as allowed by the declaration of condominium, Sunfield Homes failed to prove at the hearing on the summary...

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