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CUDJOE GARDENS PROPERTY OWNERS ASS'N., INC. v. PAYNE

Nos. 3D00-1052, 3D00-1322.

770 So.2d 190 (2000)

CUDJOE GARDENS PROPERTY OWNERS ASSOCIATION, INC., et al., etc., Appellants, v. Roy H. PAYNE, Jr., and Elizabeth Burger-Payne, Appellees.

District Court of Appeal of Florida, Third District.

September 27, 2000.

Attorney(s) appearing for the Case

Morgan & Hendrick, and James T. Hendrick, and Warren D. Tochterman (Key West, Florida), for appellants.

Francis H. Muldoon, Jr., and Charles M. Milligan (Key West, Florida), for appellees.

Before GERSTEN, and RAMIREZ, JJ., and NESBITT, Senior Judge.

RAMIREZ, J.

These consolidated appeals challenge (1) a final summary judgment dismissing the complaint filed by Cudjoe Gardens Property Owners Association and (2) the denial of a request for attorneys' fees made by Roy H. Payne and Elizabeth Burger-Payne following the dismissal. We reverse the summary judgment as it was based on an improper finding of lack of standing by the Association. In so doing, we do not reach the attorneys' fees issue.

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