FAJARDO v. HORIZONS WEST PROPERTY OWNERS ASSOCIATION, INC.

No. 93-2577.

633 So.2d 575 (1994)

Teresa FAJARDO, etc., et al., Appellants, v. HORIZONS WEST PROPERTY OWNERS ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Third District.

March 22, 1994.


Attorney(s) appearing for the Case

Pedro A. Cofino and Nancy Hardy, Miami Beach, for appellants.

Sax, Willinger and Gold and Stuart M. Gold, Miami, for appellee.

Before NESBITT, JORGENSON and LEVY, JJ.


PER CURIAM.

The trial court granted summary judgment of foreclosure for nonpayment of maintenance fees in favor of a condominium against one of its members. The defendant's answer, which was before the court at that time, although inartfully drawn, set forth the affirmative defense of payment. The defendant timely filed a motion for relief from judgment, to which she attached cancelled checks, arguably in a sum sufficient to have discharged her liability and extinguished...

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