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SALSBURY v. GRIFFIN RD. 345 PROPERTY

No. 4D11-1672.

112 So.3d 592 (2013)

Helen SALSBURY and Robert Salsbury, Appellants, v. GRIFFIN ROAD 345 PROPERTY OWNER'S ASSOCIATION, INC., et al., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied May 31, 2013.

Attorney(s) appearing for the Case

Bard D. Rockenbach and Nichole J. Segal of Burlington & Rockenbach, P.A., West Palm Beach, and Crane A. Johnstone of the Law Offices of Sheldon J. Schlesinger, P.A., Fort Lauderdale, for appellants.

Patrick Gent , Plantation, for Appellee-Kenneth S. Kapka.

TAYLOR, J.

We reverse the trial court's order denying the plaintiffs' motion to vacate an Agreed Final Order of Dismissal. The underlying case involved an accident wherein the operator of an all-terrain vehicle ("ATV") struck a pedestrian, causing severe and permanent injuries. The accident occurred within an area controlled by the Griffin Road 345 Property Owner's Association, Inc. ("the Association"). The pedestrian and her husband sued the minor driver and his...

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