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HOMEOWNER'S CORP. OF RIVER TRAILS v. SABA

No. 92-03717.

626 So.2d 274 (1993)

HOMEOWNER'S CORPORATION OF RIVER TRAILS, Appellant, v. John SABA, Jr., Trustee, d/b/a River Trails Mobile Home Park, Appellee.

District Court of Appeal of Florida, Second District.

October 29, 1993.

Attorney(s) appearing for the Case

Robert B. Burandt of Alioa, Dudley, Roosa, Sutton, McIver & Burandt, Cape Coral, for appellant.

Richard E. Nelson of Nelson, Hesse, Cyril, Smith, Widman, Herb, Causey & Dooley, Sarasota, for appellee.

Robert S. Cohen and Peter M. Dunbar of Haben, Culpepper, Dunbar & French, P.A., Tallahassee, for amicus curiae Federation of Mobile Home Owners of Florida, Inc.

E. Harper Field, Asst. Gen. Counsel, Dept. of Business Regulation, Tallahassee, for amicus curiae Bureau of Mobile Homes.

Marguerite H. Davis, Daniel C. Brown, and Paul R. Ezatoff of Katz, Kutter, Haigler, Alderman, Davis & Marks, P.A., Tallahassee, for amicus curiae Ad Hoc Committee of Concerned Mobile Park Operators.

David D. Eastman, Jack M. Skelding, Jr., and Jennifer Parker Lavia of Parker, Skelding, Labasky & Corry, Tallahassee, for amicus curiae Florida Manufactured Housing Ass'n, Inc.

ALTENBERND, Judge.

In response to a motion to dismiss, the trial court entered a partial final judgment declaring section 723.033, Florida Statutes (1991), facially unconstitutional for a multitude of reasons. We conclude that the trial court erred in prematurely resolving these issues and remand for further proceedings.

The plaintiff, River Trails Homeowner's Association (the Association), is a tenants' association representing the lessees in River Trails...

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