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VENEZIA LAKES HOMEOWNERS ASSOC., INC. v. CSX TRANSP., INC.

No. 3D09-1314.

43 So.3d 93 (2010)

VENEZIA LAKES HOMEOWNERS ASSOCIATION, INC., Appellant, v. CSX TRANSPORTATION, INC., Appellee.

District Court of Appeal of Florida, Third District.

Rehearing Denied September 23, 2010.

Attorney(s) appearing for the Case

William J. Motyczka ; G. David O'Leary , for appellant.

Holland & Knight and Tiffani G. Lee , Miami, for appellee.

Before CORTIÑAS and ROTHENBERG, JJ., and SCHWARTZ, Senior Judge.

ROTHENBERG, J.

The primary issue presented in this appeal is whether the trial court erred in granting CSX Transportation's ("CSX") motion to dismiss on the grounds that the Venezia Lakes Homeowners Association ("Venezia") is not a party to the agreement at issue in its action against CSX. Finding no error, we affirm.

Venezia sought a declaration of its rights under a Crossing Agreement that was made between the Three Lakes Property Owners Association ("Three...

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