PALM BEACH POLO v. BAGATTELLE CONDO. ASS'N

No. 4D09-4938.

45 So.3d 894 (2010)

PALM BEACH POLO and Country Club Property Owners Association, Appellant, v. BAGATTELLE CONDOMINIUM ASSOCIATION, INC. et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 10, 2010.


Attorney(s) appearing for the Case

Larry A. Zink of Zink, Zink & Zink Co., L.P.A., Hillsboro Beach, for appellant.

Howard K. Coates, Jr. and Mary F. April of McDonald Hopkins LLC, West Palm Beach, for appellee.


MAY, J.

This is a classic case of which comes first, the proverbial cart or the horse. Here, the issue is whether the trial court could order the return of assessment monies after declaring the assessment invalid before the litigation came to an end. Specifically, the master property owners association argues the trial court erred in compelling the refund of a special assessment when several other counts of the same complaint involving the special assessment remained...

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