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RAPHAEL v. SILVERMAN

No. 4D08-2210.

22 So.3d 837 (2009)

Stephen RAPHAEL and Marjorie Raphael, Appellants, v. Saul M. SILVERMAN, Richard M. Kleid, Edwin Masinter, Mike Sutton, Seymore I. Scharer, Ba-Bette Wolff and Beach Point Condominium Association, Inc., a Florida Non-Profit Corporation, Appellees.

District Court of Appeal of Florida, Fourth District.

November 25, 2009.

Attorney(s) appearing for the Case

Larry M. Mesches of McLaughlin & Stern, LLP, West Palm Beach, for appellants.

Carlos D. Cabrera and A. Hinda Klein of Conroy, Simberg, Ganon, Krevans, Abel, Lurvey, Morrow & Schefer, P.A., Hollywood, for appellees Saul M. Silverman, Richard M. Kleid, Edwin Masinter, Mike Sutton, Seymore I. Scharer and Ba-Bette Wolff.

STEVENSON, J.

Stephen and Marjorie Raphael timely appeal a final order dismissing their amended complaint against the individual members of the Beach Point Condominium Association's Board of Directors. We find the factual allegations contained in the amended complaint are insufficient to rise to the level of self-dealing required to overcome the individual directors' statutory immunity and affirm the dismissal. However, we remand the matter to afford the Raphaels...

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