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CUDJOE GARDENS PROPERTY OWNERS ASSOC., INC. v. PAYNE

No. 3D00-2349.

779 So.2d 598 (2001)

CUDJOE GARDENS PROPERTY OWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, Appellant, v. Roy H. PAYNE, Jr. and Elizabeth Burger-Payne, Appellees.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 28, 2001.

Attorney(s) appearing for the Case

Morgan & Hendrick and Warren D. Tochterman (Key West), for appellant.

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

Before SCHWARTZ, C.J., and LEVY and GERSTEN, JJ.

SCHWARTZ, Chief Judge.

In Cudjoe Gardens Property Owners Ass'n v. Payne, 770 So.2d 190 (Fla. 3d DCA 2000), this court reversed the dismissal, for alleged lack of standing, of an action by Cudjoe Gardens Property Owners Association, Inc. to enjoin construction in violation of the community's Declaration of Deed Restrictions. After remand, the trial judge again entered judgment against the association, this time on the ground...

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