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MIAMI LAKES CIVIC ASS'N, INC. v. ENCINOSA

Nos. 96-2830, 97-355.

699 So.2d 271 (1997)

MIAMI LAKES CIVIC ASSOCIATION, INC., Appellant, v. Rolando J. ENCINOSA, Jr., Appellee. Rolando J. ENCINOSA, Jr., Appellant, v. MIAMI LAKES CIVIC ASSOCIATION, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied October 8, 1997.

Attorney(s) appearing for the Case

Lauri Waldman Ross and Eileen L. Tilghman, for appellant/appellee Association.

Baker & McKenzie and Anthony J. O'Donnell, Jr., for appellee/appellant Encinosa.

Before NESBITT, GODERICH and GREEN, JJ.

NESBITT, Judge.

Plaintiff Miami Lakes Civic Association, Inc. (the "association") appeals a final judgment entered in favor of the defendant homeowner, Rolando J. Encinosa, Jr. (Encinosa). We reverse.

Encinosa owns a home on the shores of Lake Patricia in Miami Lakes. He completed construction of a deck in his backyard in 1992. Encinosa built the deck without the prior approval of the Miami Lakes Architectural Control Committee (the "committee") as required...

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