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OVERLOOK v. SEABROOKE HOMEOWNERS' ASS'N

No. 2D10-277.

62 So.3d 667 (2011)

HOMEOWNER'S ASSOCIATION OF OVERLOOK, INC., Appellant, v. SEABROOKE HOMEOWNERS' ASSOCIATION, INC., a Florida not-for-profit corporation; Promenade Homeowners' Association, Inc.; a Florida not-for-profit corporation; Vistas Homeowners' of Seabrooke, Inc., a Florida not-for-profit corporation; City of Largo, a municipal corporation; W. Douglas Berry; Martha F. Berry; Pierre Bogacz; Lee Haas; Amy Haas; Michael Sexton; and Robin Sexton, Appellees.

District Court of Appeal of Florida, Second District.

April 29, 2011.

Attorney(s) appearing for the Case

Steven H. Mezer , Keith D. Skorewicz , and Charles Evans Glausier of Bush Ross, P.A., Tampa, for Appellant.

Gary M. Schaaf , Brian C. Willis , and Astrid Guardado of Becker & Poliakoff, P.A., Clearwater, for Appellees Seabrooke Homeowners' Association, Inc.; Promenade Homeowners' Association, Inc.; and Vistas Homeowners' Association of Seabrooke, Inc.

Lee L. Haas of Haas & Castillo, P.A., Clearwater, for Appellees W. Douglas Berry, Martha Berry, Pierre Bogacz, Lee Haas, Amy Haas, Michael Sexton, and Robin Sexton.

No appearance for Appellee City of Largo.

MORRIS, Judge.

Homeowner's Association of Overlook, Inc. (Overlook), appeals an order dismissing with prejudice its complaint seeking declaratory relief and relief from an earlier judgment pursuant to Florida Rule of Civil Procedure 1.540(b). We affirm the dismissal of the count seeking relief from judgment under rule 1.540(b) as well as the count seeking a declaratory judgment that the earlier judgment is invalid, but we reverse the dismissal of the count seeking...

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