GOMEZ v. FRADIN

No. 4D09-1338.

41 So.3d 1068 (2010)

Jose GOMEZ, Carlos Caro, George Chiodo, Helen T. Cipolla, Paul Farrington, Jr., Winifred Francois, Hilda Glassman, Margarita Guerra, Marcos A. Guzman, Claudia Krysiak, John C. Nuss, Bertha Perskin, Annette Pugliese, Pedro E. Ramirez Sanchez, Peggy Rapp, and William Woodward, Appellants, v. Sidney FRADIN, Herman Weiss, Vera Weller, Alexander Hirsch, and Lakes of Carriage Hills Condominium Association, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

August 11, 2010.


Attorney(s) appearing for the Case

Kenneth J. Kavanaugh of Kenneth J. Kavanaugh, P.A., Sunrise, for appellants.

Jonathan B. Butler and Sandra I. Tart of Fowler White Burnett, P.A., West Palm Beach, for appellees.


CIKLIN, J.

In this matter we decide whether the trial court erred in dismissing certain counts in an action brought by nineteen condominium unit owners against the condominium association and various members of its board of directors. The trial court dismissed five of eight counts on the basis that the claims first had to be pursued through non-binding arbitration. We hold that arbitration was not a condition precedent to...

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