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KAY v. VIA VERDE HOMEOWNERS ASS'N, INC.

No. 94-2681.

677 So.2d 337 (1996)

Shirley KAY, et al., Appellant, v. VIA VERDE HOMEOWNERS ASSOCIATION, INC., a Florida corporation not for profit, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing and Clarification Denied August 20, 1996.

Attorney(s) appearing for the Case

Shirley Kay, Elmont, New York, pro se.

Larry Corman of Hodgson, Russ, Andrews, Woods & Goodyear, Boca Raton, for appellee.

STEVENSON, Judge.

This is an appeal from a final order of the trial court granting summary judgment in favor of Via Verde Homeowners Association, Inc.'s claim for unpaid assessments and dismissing Shirley Kay's counterclaim for breach of contract, fraud and breach of fiduciary duty for failure to state a cause of action. We affirm the final order except for the dismissal of Kay's cause of action for breach of contract. In her counterclaim, Kay alleges that: (1) Via...

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