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L'ETOILE HOMEOWNERS ASS'N v. FRESOLONE

No. 4D05-4067.

940 So.2d 1170 (2006)

L'ETOILE HOMEOWNERS ASSOCIATION, INC., Appellant, v. Victoria FRESOLONE and Mary Fresolone, Appellees.

District Court of Appeal of Florida, Fourth District.

September 20, 2006.

Attorney(s) appearing for the Case

Darrin Gursky of Law Offices of Robert Kaye & Associates, P.A., Fort Lauderdale, for appellant.

John H. Pelzer and Brigid F. Cech of Ruden, McClosky, Smith, Schuster & Russell, P.A., Fort Lauderdale, for appellees.

POLEN, J.

This appeal arises from a final summary judgment entered against appellant L'Etoile Homeowner's Association ("the Association"), where the trial court found that appellees Victoria and Mary Fresolone ("the Fresolones") did not violate the Declaration of Covenants encumbering their property. We reverse, holding that material issues of fact remained.

The standard of review on summary judgment orders is de novo. See The

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