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COOLEY v. PHEASANT RUN AT ROSEMONT CONDOMINIUM ASS'N, INC.

No. 5D00-1334.

781 So.2d 1182 (2001)

Richard COOLEY, Appellant, v. PHEASANT RUN AT ROSEMONT CONDOMINIUM ASSOCIATION, INC., et al., Appellees.

District Court of Appeal of Florida, Fifth District.

April 12, 2001.

Attorney(s) appearing for the Case

Sheldon D. Stevens of Sheldon D. Stevens, P.A., Merritt Island, for Appellant.

Kendall B. Rigdon of Rigdon, Muckerman, Alexander & Rigdon, P.A., Cocoa, for Appellee Pheasant Run at Rosemont Condominium, Inc.

Jamie Billotte Moses and Reinald Werrenrath, III of Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A., for Appellees John and Myra Middleton.

COBB, J.

This appeal raises the issue of whether a condominium unit owner may be individually joined in a plaintiffs action against the condominium association in respect to an injury occurring on the common elements.

The plaintiff below, Richard Cooley, filed a complaint alleging that he was injured while an invited guest upon the common elements of Pheasant Run at Rosemont. In addition to the Association, he joined the unit owners individually. The trial...

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