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LAKES OF THE MEADOW v. ARVIDA/JMB

No. 97-3225.

714 So.2d 1120 (1998)

LAKES OF THE MEADOW VILLAGE HOMES CONDOMINIUM NOS. ONE, TWO, THREE, FOUR, FIVE, SIX, SEVEN, EIGHT, and NINE MAINTENANCE ASSOCIATIONS, INC., including all members thereof, Appellants, v. ARVIDA/JMB PARTNERS, L.P., a Delaware limited partnership, Appellee.

District Court of Appeal of Florida, Third District.

July 15, 1998.

Attorney(s) appearing for the Case

Papy & Weissernborn and Sheridan K. Weissenborn, Coral Gables, for appellants.

Rumberger, Kirk & Caldwell and Scott M. Sarason and Lori A. Brown, Miami, for appellee.

Before JORGENSON, COPE and GREEN, JJ.

COPE, Judge.

Nine condominium maintenance associations appeal an adverse summary judgment in their lawsuit for construction defects. As summary judgment should not have been entered on the basis of the developer's defense of release, we reverse.

In 1989 and 1990, the appellee developer Arvida/JMB Partners, L.P., turned over control of the nine condominium associations to the unit owners. See § 718.301, Fla. Stat. (1989). Eight of the nine associations...

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