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GROSS v. SAND AND SEA HOMEOWNERS ASS'N, INC.

No. 4D99-1078.

756 So.2d 1073 (2000)

Karen GROSS, Individually and as the Parent and Natural Guardian of Barton Eby, Jr., a Minor, and Barton Eby, Sr., Individually, Appellants, v. SAND AND SEA HOMEOWNERS ASSOCIATION, INC., a Florida nonprofit corporation; Lautrec Management Co., a Foreign corporation d/b/a Sand & Sea Village Management, Sand & Sea Mobile Park, and Sand & Sea Village Mobile Home Community, The Management of Sand and Sea Village, and Sand & Sea Partners Limited, a Florida limited partnership, d/b/a Sand & Sea Village, and Sand and Sea Village Mobile Home Community and Sand and Sea Mobile Park, Appellees.

District Court of Appeal of Florida, Fourth District.

April 19, 2000.

Attorney(s) appearing for the Case

Michael M. Milchman of the Law Office of Michael M. Milchman, Fort Lauderdale, for appellants.

Carl A. Cascio of Carl A. Cascio, P.A., Boynton Beach, for Appellee Sand & Sea Homeowners Association, Inc.

STEVENSON, J.

This is an appeal from a final order of the trial court dismissing a personal injury complaint against a mobile home park homeowner's association based on the court's finding that, as a matter of law, the association did not owe a legal duty of care to the plaintiffs. We reverse because we find that the dismissal was error in light of the allegations contained within the fourcorners of the complaint.

Sand and Sea Village is a mobile home park...

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