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ORCHID ISLAND PROPERTIES v. W.G. MILLS

No. 4D04-2621.

889 So.2d 142 (2004)

ORCHID ISLAND PROPERTIES, INC., et al., Petitioners, v. W.G. MILLS, INC. OF BRADENTON, United States Fidelity and Guaranty Company and O'Donnell, Naccarato & Mignogna, Inc., Respondents.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied January 6, 2005.

Attorney(s) appearing for the Case

Eli H. Subin of Holland & Knight LLP, Orlando, and Steven L. Brannock of Holland & Knight LLP, Tampa, for petitioners.

Daryl J. Brown of Brown & Morgan, P.A., Sarasota, for respondents, W.G. Mills, Inc. of Bradenton and United States Fidelity and Guaranty Company.

MAY, J.

This is the second petition for writ of mandamus filed by Orchid Island Properties (OIP). Each petition sought a writ requiring the trial court to enter a judgment of dismissal in lieu of OIP filing a notice of voluntary dismissal with prejudice as required by the mediated settlement agreement (MSA). For the reasons that follow, we deny the petition.

OIP is the developer of condo-style dwellings on Orchid Island. The condominium associations initially...

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