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SWAIN v. MEADOWS AT MARTIN DOWNS HOMEOWNERS

No. 4D09-3607.

59 So.3d 258 (2011)

Patricia SWAIN and Donald Swain, Appellants, v. The MEADOWS AT MARTIN DOWNS HOMEOWNERS ASSOCIATION, INC., a Florida not-for-profit corporation, Appellee.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 12, 2011.

Attorney(s) appearing for the Case

Patrick Dervishi and Guy M. Shir of Kahan, Shir, P.L., Boca Raton, for appellants.

John S. Penton, Jr. , of Cole, Scott & Kissane, P.A., West Palm Beach, for appellee.

HAZOURI, J.

Appellants, Patricia and Donald Swain ("Owners"), appeal the trial court's grant of summary judgment to Appellee, The Meadows at Martin Downs Homeowners Association, Inc. ("the Association"), and denial of their cross-motion for summary judgment. Owners contend that summary judgment was improper because there was a genuine issue of material fact. We agree and reverse the trial court's grant of summary judgment in favor of the Association.

Owners...

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