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5F, LLC v. BOCA GRANDE ISLE LLC

Case Nos. 2D17-949 2D17-1155 CONSOLIDATED.

261 So.3d 654 (2018)

5F, LLC; and Mount Massive, LLC, Appellants, v. BOCA GRANDE ISLE LLC; Three Sisters Isle LLC; Redfish Alley, LLC; Osprey Alley LLC; Gordon Burns; Marie Burns; Elizabeth Ghriskey; John Samuels and Diane Samuels, as trustees of the JS Residential Trust Agreement Dated December 13, 2012, and the DS Residential Trust Agreement Dated December 13, 2012; Ann S. Aikens, Martin L. Katz, and Joseph Aviv, as trustees of the Robert Aikens Revocable Trust; and Alan Pike, as trustee of the Chad Rustan Pike 2012 Revocable Trust, Appellees. Boca Grande Isles Property Owners Association, Inc., Appellant, v. Boca Grande Isle LLC; Three Sisters Isle LLC; Redfish Alley LLC; Osprey Alley LLC; Alan Pike, as trustee of the Chad Rustan Pike 2012 Revocable Trust; Reynolds Guyer; Bob Hall; John Jackoboice; Lynn Kieffer; Steve Kieffer; Jay Proops; Linda Wiggin; Three Sisters Homeowners Association, Inc.; Ron Strich; Chris Johnson; and Jeff Deaterly, Appellees.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 12, 2018.

Attorney(s) appearing for the Case

Jason A. Lessinger and Bradley J. Ellis of Icard, Merrill, Cullis, Timm, Furen & Ginsburg, P.A., Sarasota, for Appellants 5F, LLC and Mount Massive, LLC.

J. Matthew Belcastro of Henderson, Franklin, Starnes & Holt, P.A., Fort Myers, for Appellant Boca Grande Isles Property Owners Association, Inc.

John A. DeVault, III , Michael E. Lockamy , and John G. Woodlee of Bedell, Dittmar, DeVault, Pillans & Coxe, P.A., Jacksonville; and Richard W. Hawthorne of Richard W. Hawthorne, Jacksonville, for Appellee Boca Grande Isle LLC.

David B. Weinstein and Ryan T. Hopper of Greenberg Traurig, P.A., Tampa, for Appellees John Samuels, Diane Samuels, Gordon Burns, and Marie Burns.

Christopher L. Ulrich of Cummings & Lockwood, LLC; and Marve Alaimo of Porter, Wright, Morris, & Arthur, Naples, for Appellee Elizabeth Ghriskey.

No appearance for remaining Appellees.

We affirm the trial court's entry of final summary judgment in favor of the plaintiffs1 on count one of the complaint and the plaintiffs/counterclaim defendants2 on count one of the amended counterclaim in Case No. 15-CA-001157. The restrictions on the use of Lot...

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