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CORAL LAKES COMMUNITY ASS'N v. BUSEY BANK

No. 2D08-5062.

30 So.3d 579 (2010)

CORAL LAKES COMMUNITY ASSOCIATION, INC., Appellant, v. BUSEY BANK, N.A.; Scott Haley; Ruth Haley; and Riverside Bank of the Gulf Coast, Appellees.

District Court of Appeal of Florida, Second District.

February 19, 2010.

Attorney(s) appearing for the Case

Ashley D. Lupo and Christopher D. Donovan of Roetzel & Andress, LPA, Naples, for Appellant.

Gordon R. Duncan of Duncan & Associates, P.A., Fort Myers, for Appellee Busey Bank, N.A.

No appearance for Appellees Scott Haley, Ruth Haley, and Riverside Bank of the Gulf Coast.

CASANUEVA, Chief Judge.

Coral Lakes Community Association, Inc. (the "HOA"), appeals a final summary judgment of foreclosure awarded to Busey Bank, N.A. (the "Bank"). The final judgment determined that the Bank had no liability to the HOA for past due HOA assessments that the HOA claimed pursuant to section 720.3085(2), Florida Statutes (2008). The disposition of this case is determined by the HOA's Declaration of Covenants and Restrictions vis-à-vis the relevant...

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