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MURPHY v. BAY COLONY PROPERTY OWNERS ASS'N

No. 2D08-2246.

12 So.3d 924 (2009)

Janet MURPHY, Appellant, v. BAY COLONY PROPERTY OWNERS ASSOCIATION and Victor Coveduck, Appellees.

District Court of Appeal of Florida, Second District.

July 22, 2009.

Attorney(s) appearing for the Case

Charles F. Johnson of Blalock, Walters, Held & Johnson, P.A., Bradenton, for Appellant.

Richard G. Groff of Dye, Deitrich, Petruff & St. Paul, P.L., Bradenton, for Appellee Bay Colony Property Owners Association.

No appearance for Appellee Victor Coveduck.

CRENSHAW, Judge.

Janet Murphy appeals the trial court's order dismissing with prejudice her complaint seeking a declaratory judgment against Bay Colony Property Owners Association ("Bay Colony"). Because the trial court improperly ruled on the final merits of Murphy's claim, we reverse the trial court's order and remand for further proceedings.

In January 2003, James Waller entered into a settlement agreement with Bay Colony that permitted Waller to construct...

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