ASS'N OF POINCIANA v. AVATAR PROPERTIES

No. 97-2619.

724 So.2d 585 (1998)

ASSOCIATION OF POINCIANA VILLAGES, Appellant, v. AVATAR PROPERTIES, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied February 3, 1999.


Attorney(s) appearing for the Case

Barbara W. Davis Holland & Knight, L.L.P., Lakeland, for Appellant.

Norman S. Segall of Keith Mack, L.L.P., Miami, for Appellee.


W. SHARP, Judge.

The Association of Poinciana Villages, Inc. (Association), a not-for profit homeowners association, appeals from a final summary judgment, which holds that Avatar Properties, Inc.'s (Avatar) purchase money mortgage on property owned by Wendall Kearns in the development encompassed by the Association, is superior to the Association's lien for assessments. We reverse.

Avatar filed suit on May 19, 1997 to foreclose its mortgage against Wendall...

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