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EMERALD POINTE PROP. v. COMMERCIAL CONST.

No. 4D06-3767.

978 So.2d 873 (2008)

EMERALD POINTE PROPERTY OWNERS' ASSOCIATION, INC., Appellant, v. COMMERCIAL CONSTRUCTION INDUSTRIES, INC., Appellee.

District Court of Appeal of Florida, Fourth District.

April 16, 2008.

Attorney(s) appearing for the Case

Tracy T. Segal of Akerman Senterfitt, West Palm Beach, and Katherine E. Giddings of Akerman Senterfitt, Tallahassee, for appellant.

Lynn G. Waxman of Lynn G. Waxman, P.A., West Palm Beach, for appellee.

ON MOTION FOR REHEARING

TRAWICK, DARYL E., Associate Judge.

We grant appellant's Motion for Rehearing, withdraw our previous opinion, and issue the following in its place.

Statement of Facts

Emerald Pointe is a senior citizens community consisting of both villas and condominium buildings. Appellant Emerald Pointe Property Owners' Association, Inc. (hereinafter referred to as Emerald Pointe POA) is responsible for...

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