MEADOWS COMMUNITY ASS'N v. RUSSELL-TUTTY

No. 2D05-416.

928 So.2d 1276 (2006)

The MEADOWS COMMUNITY ASSOCIATION, INC., a Florida not-for-profit corporation, Appellant, v. Louise Claire RUSSELL-TUTTY, Appellee.

District Court of Appeal of Florida, Second District.

May 31, 2006.


Attorney(s) appearing for the Case

Robert L. Moore of Kanetsky, Moore & Deboer, P.A., Venice, for Appellant.

Jeffrey A. Rapkin, North Port, for Appellee.


VILLANTI, Judge.

The issues presented by this appeal are whether the amended complaint filed by a homeowners' association against a unit owner states a cause of action for declaratory and injunctive relief and, therefore, whether the trial court erred in dismissing, with prejudice, the amended complaint for failure to state a cause of action. In reviewing a final order such as this, the appellate court must accept the facts alleged in the complaint as true. See...

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