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LAGANELLA v. BOCA GROVE GOLF AND TENNIS

No. 96-2101.

690 So.2d 705 (1997)

Nicholas A. LAGANELLA, Appellant, v. BOCA GROVE GOLF AND TENNIS CLUB, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

April 2, 1997.

Attorney(s) appearing for the Case

Keith F. Backer of Law Office of Keith F. Backer, Boca Raton, for appellant.

Phillip C. Gildan and Craig S. Barnett of Nason, Gildan, Yeager, Gerson & White, P.A., West Palm Beach, for appellee.

PER CURIAM.

This appeal arises from the dismissal of appellant's complaint for failure to state a cause of action. Appellant filed suit against appellee, the Boca Grove Golf and Tennis Club, Inc. ("Club"), for declaratory and injunctive relief as well as damages based on the Club's rule banning smoking in all of the Club's buildings. Appellant is a homeowner in Boca Grove Plantation. His complaint alleges that social membership in the Club is mandatory for homeowners...

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